UC-NRIF 

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B   M   SDb   MMO 


REPORT 


OF  THE 


New  York  Charter  Commission 


LEGISLATURE 
J909 


' 


REPORT 


New  York  Charter  Commission 


LEGISLATURE 


1909 


"    \ 


State  of  New  York 

Executive  Chamber 

Albany 


March   29,    1909  . 

Professor  Williaiii   rarey  Jones, 
2625  Penvenue   Avenue, 

Berkeley,    Cal  . 
Lear   Sir: 

Governor  Hughes   directs  rne   to    acknov/ledge 
the    receipt   of   your   letter   of   the   23rd    instrnt  .        I 
am   sending   you   under   separate   cover   a  copy  of   the    report 
of   the   Charter  Revision   CoiriTriiasicn,    in   accordance   7?ith 
your   request . 

Very  truly  yours, 


ttu^^wV 


S^.  ^ 


Secretary  to  the  Governor 


REPORT  OF 

THE  NEW  YORK  CHARTER  COMMISSION, 

Dated  March  8,  1909. 

To  the  Legislature: 

The  Charier  lu'vision  Commission  of  1907  made  its  report  to 
the  Governor  on  December  1  of  that  year.  The  report  pointed 
out  the  confused  condition  of  the  law  affeeting  the  city,  analyzed 
the  city  government,  and  recommended  various  amendments. 

On  April  13,  1908,  the  legislature  passed  an  act  providing 
for  the  creation  of  a  new  commission  to  be  known  as  "The 
N'ew  York  Charter  Commission,"  to  be  appointed  by  the  Governor 
and  to  consist  of  fifteen  persons  to  serve  without  compensation. 
The  act  defines  the  duties  of  the  Commission  in  the  following  lan- 
guage :  "  *  *  *  to  inquire  into  the  local  government  of  the 
city  of  Xew  York  and  the  counties  contained  therein  with  power 
to  investigate  the  manner  of  conducting  and  transacting  business 
in  the  several  departments,  boards  and  offices  thereof,  the  effect  and 
working  of  the  charter  of  Greater  ]N'ew  York  and  the  acts  amenda- 
tory thereof,  and  supplementary  thereto,  and  of  any  and  all  other 
acts  relating  to  said  city,  and  to  suggest  such  legislation  as  it  may 
deem  advisable  with  respect  thereto.  Said  Commission  may  in 
its  discretion  draft  and  submit  with  its  final  report  a  new  charter 
and  an  administrative  code  for  the  city." 

The  Governor,  on  April  21,  1908,  appointed  the  Commission, 
eight  of  the  apix>intees  having  been  members  of  the  Charter 
Revision  Commission  of  1907. 

The  Commission  organized  on  the  27th  day  of  April,  1908,  and 
at  once  took  up  for  consideration  the  present  condition  of  the  city 
government  in  connection  with  the  report  of  the  Commission  of 
1907.  Some  time  was  necessarily  consumed  in  study  of  that  re- 
port by  the  members  of  the  present  Commission  who  had  not 
sefrveel  upon  the  former  one.  After  thorough  consideration  the 
Commission  has  determined,  besides  reporting  its  conclusions  and 
recommendations,  to  present  a  draft  of  a  charter  and  of  an  admin- 
istrative code,  the  former  of  which  accompanies  this  report,  the 
latter  of  w^hich  is  in  course  of  preparation  and  will  be  submitted 
at  a  later  date.  The  two  may,  we  believe,  be  advantageously  made 
complementary  parts  of  a  single  statute. 


M23699 


In  order  to  facilitate  its  work,  the  Commission  wa's  divided  into 
sub-committees  to  each  of  which  was  referred  the  duty  of  investi- 
gating and  reporting  upon  the  manner  of  conducting  and 
transacting  business  in  the  departments  referred  to  it.  Through- 
out the  summer  the  chairman  or  other  members  of  the  sub-com- 
mittees pursued  their  work  and  this  preliminary  task  was  carried 
on  unremittingly  until  in  September  it  had  progressed  to  a  point 
which  permitted  the  Committee  on  Draft  to  begin  the  preparation 
of  the  charter,  chapter  by  chapter.  From  October  1,  1908,  until 
the  date  of  the  report  that  Committee  met  every  night  with  the 
exception  of  Saturdays,  Sundays  and  holidays,  and  the  evenings 
on  which  the  full  Commission  was  convened,  and  has  repeatedly 
held  sessions  during  the  daytime. 

In  the  preparation  of  each  individual  chapter  and  title  the 
Committee  on  Draft  in  every  instance  through  one  of  its  own 
members  or  one  of  the  other  sub-committees,  carefully  investi- 
gated the  actual  operations  of  each  department  and  bureau,  and 
considered  the  statutory  provisions  applicable  thereto  with  such 
officers  and  employees  as  were  believed  to  be  best  qualified  to 
explain  the  prevailing  practice  and  illustrate  the  actual  adminis- 
trative interpretation  of  the  charter.  It  was  also  sought  to  dis- 
cover how  far  actual  organization  conformed  to  the  letter  of  the 
law,  how  far  the  practice  was  the  result  of  administrative  inter- 
pretation, and  to  what  extent  it  was  a  spontaneous  development. 
Particular  care  was  exercised  to  ascertain  how  far  administrative 
practice  reflects  the  law  as  well  as  the  degree  to  which  the  depart- 
ments had  found  it  necessary  to  disregard  the  statute  because 
either  of  difficulty  in  its  application  or  of  the  obsoleteness  or  un- 
intelligibility  of  its  provisions. 

The  various  committee  investigations,  although  long  and  te- 
dious, were  absolutely  necessary  if  the  law  and  the  facts  were 
to  be  made  to  correspond,  and  the  law  were  to  be  relieved  of 
obsolete,  unintelligible  and  systematically  disregarded  provisions. 
A  particularly  long  and  precise  investigation  was  required  con- 
cerning the  operations  of  the  finance  department,  the  sinking 
funds,  the  dock  department,  the  police  department,  the  health  de- 
partment, the  charities  department,  the  department  of  education, 
the  department  of  taxes,  the  borough  presidents  and  the  board  of 
assessors,  and  much  time  was  necessarily  spent  in  investigations 
of  provisions  of  the  existing  charter  dealing  with  the  city's  bonds 
and  obligations,  particularly  assessment  bonds,  revenue  bonds, 
special  revenue  bonds,  and  general  fund  bonds. 


Inasmuch  as  the  Commission  vras  charged  with  the  investigation 
of  the  effect  and  working  of  the  charter,  and  all  other  acts  relating 
to  the  city  and  was  empowered  to  report  such  legislation  as  it 
might  deem  advisable  in  the  premises,  it  became  a  matter  of 
primary  importance  to  consider  constitutional  limitations  upon 
the  city's  borrowing  capacity.  The  Commission  through  a  sub- 
committee made  as  exhaustive  a  study  of  the  subject  as  was  pos- 
sible within  the  time  and  means  at  its  disposal,  and  copies  of  its 
two  reports  to  the  Governor  in  relation  to  the  subject  are  hereto 
annexed.  There  is  also  inserted  in  the  proposed  charter  a  section 
providing  so  far  as  the  legislature  may,. a  method  for  calculating 
the  borrowing  capacity  of  the  city,  the  application  of  which,  in 
the  judgment  of  a  majority  of  the  Commission,  should  render  it 
impossible  for  the  city  to  find  itself  again  in  the  position  in  which 
it  now  is  —  viz.,  without  any  other  standard  for  the  determina- 
tion of  its  ■debt-incurring  power  than  the  fluctuating  opinions  of 
the  administration  for  the  time  being.  If  the  legislature  have  the 
power  to  provide  such  a  method,  the  entire  Commission  concurs 
in  the  wisdom  of  formulating  a  rule  which,  by  requiring  stated 
reports  by  the  board  of  estimate  and  apportionment,  may  serve  as 
a  partial  restraint  upon  the  inclination  to  reckless  expenditure. 

The  legislative  authorization  to  report  a  charter  and  an  adminis-. 
trative  code  the  Commission  interprets  as  an  authorization  to  re- 
port a  charter  new  in  form  with  such  substantive  changes  as  it 
deems  necessary  to  render  government  economical  and  efficient. 
Hence  the  effort  of  the  Commission  has  been  to  conform  law  with 
wise  administrative  practice;  to  eliminate  the  purely  obsolete;  to 
clarify  the  text ;  to  harmonize  the  law  with  administrative  inter- 
pretation ;  to  efface  the  redundant  and  establish  coherence.  It  has 
sought  to  follow  the  lines  of  the  historical  development  of  the  ex- 
isting charter,  with  due  consideration  for  the  actual  experience 
in  charter  history  of  other  American  cities  with  similar  pntblems; 
to  make  no  radical  or  purely  experimental  changes;  to  preserve  ex- 
isting phraseology  where  it  was  clear  or  had  received  a  definite 
meaning  from  the  courts;  to  bring  all  matter  relating  to  the  samo 
subject  under  one  title;  to  correlate  and  coordinate  different  de- 
partments and  bureaus,  and,  so  far  as  practicable  in  the  time  at 
its  command,  to  substitute  order  and  symmetry  for  the  present 
confusion  and  cross  division  of  powers  and  duties  and  to  give  the 
law,  in  a  word,  an  intelligible,  logical  form.  One  pnrpose  has 
been  to  eliminate  from  the  charter  much  general  statutory  law 
which  is  found  both  in  the  charter  and  in  the  revised  statutes. 


6 

The  magnitude  of  this  entire  undertaking  will  be  apj)r€ciated  by 
careful  study  and  analysis  of  the  Commission's  work,  in  tracing 
to  their  several  origins  numerous  provisions  of  the  existing 
charter,  in  correlating  diverse  sections  referring  to  the  same  sub- 
ject-matter, and  in  formulating  the  results  in  simple  yet  compre- 
hensive language. 

The  proposed  charter  contains  all  provisions  which  touch  upon 
the  corporate  powers,  rights  and  franchises  of  the  city,  the  city's 
obligations  and  the  sinking  funds  established  for  their  protec- 
tion, and  all  substantive  law  of  a  constitutional  character  relat- 
ing to  the  organization  of  the  municipality  as  a  self-governing  com- 
munity, and  as  the  representative  of  the  state  in  the  administration 
of  general  law  within  the  municipal  jurisdiction.  The  funda- 
mental changes  are  comparatively  few,  and  will  readily  be  appre- 
hended. The  chief  value  of  the  Commission's  work  and  the  feature 
of  it  which  has  required  the  most  time  and  care  is  its  attempt  to 
give  intelligible  and  coherent  shape  to  the  entire  charter  and  to 
separate  the  organic  or  structural  matters  of  city  government  from 
adjective  or  administrative  details.  In  making  this  separation  it 
has  been  actuated  by  the  desire  to  formulate  a  charter  of  a  perma- 
nent or  abiding  nature,  for  it  recognizes  that  the  administrative 
code  will  doubtless  require  frequent  amendment,  either  for  the 
adoption  of  improved  methods  or  in  response  to  successful  adminis- 
trative practice.  The  code  in  the  nature  of  things  should  be  a 
more  fluid  body  of  law,  susceptible  of  change  and  evolution  with- 
out change  or  alteration  of  the  charter  proper.  The  advantage 
of  this  dual  statute  will,  we  think,  be  at  once  apparent  to  the  legis- 
lature and  the  people.  The  charter  can  and  should  be  placed  in 
all  hands  and  will  be  readily  comprehended.  The  administrative 
code,  not  being  of  such  fundamental  importance,  bears  a  closer 
resemblance,  for  instance,  to  the  ordinances  of  the  Council,  and  be- 
longs in  a  somewhat  larger  way  to  that  body  of  adjective  law  which 
includes  local  ordinances  and  regulations.  It  is,  therefore,  not  of 
such  general  interest  or  fundamental  importance  as  the  charter, 
but  is  of  special  and  particular  interest  as  the  embodiment  of  de- 
tails affecting  the  conduct  of  city  or  departmental  business. 

Our  report,  therefore,  will  assume  the  form  of  two  draft  bills 
which  illustrate  as  perfectly  as  the  limit  of  time  and  the  measure 
of  our  strength  and  ability  can  do,  the  precise  form  of  legislation 
which  we  would  recommend,  as  well  as  the  precise  content  of  that 
legislation;  and  the  two  draft  bills  should  be  treated  not  as  final 
propositions  for  adoption  but  as  recommendations  in  bill  form  so 


presented  that  if  approved  by  the  legislature  they  may  be  treated  us 
a  whole,  and  that  if  the  legislature  disapproves  of  any  particular 
matter,  its  substitute  may  be  promptly  formulated  and  fitted  inio 
the  general  scheme. 

Because  of  the  flexibility  of  the  code  and  the  ease  with  which 
it  may  be  modified  to  conform  with  legislative  decision  upon  the 
charter,  and  as  well  because  of  lack  of  time  to  frams  to  the  full 
satisfaction  of  the  Commission  the  several  code  chapters,  it  has 
been  deemed  wise  to  defer  the  presentation  of  the  code  until  the 
legislative  committees  shall  have  reached  their  conclusions. 

The  charter  may  be  considered  independently  of  the  adminis- 
trative code,  but  the  converse  proposition  is  not  true.  The  legis- 
lature itself  cannot  well  take  up  consideration  of  the  code  until  it 
shall  have  passed  upon  the  charter;  but  when  that  has  been  done 
those  parts  of  the  code  which  have  been  drawn  to  conform  with  our 
proposed  charter  can  readily  be  revised  so  as  to  harmonize  the  ad- 
ministrative law  with  the  charter  as  finally  adopted  by  the  legis- 
lature. 

The  charter  will  consist  of  75,000  words;  the  present  charter 
contains  over  half  a  million.  The  administrative  code  will 
be  no  larger  than  the  charter.  The  charter  and  code  together  will 
be  about  one-quarter  the  volimie  of  the  present  charter.  The  char- 
ter contains  299  sections;  the  code  will  contain  about  the  same 
number.     The  present  charter  contains  16'20  sections. 

For  the  purpose  of  facilitating  the  study  and  appreciation  of  the 
draft  charter,  and  in  order  to  point  out  the  character,  scope  and 
purpose  of  each  chapter,  and  to  indicate  the  extent  to  which 
changes  or  innovations  of  a  fundamental  character  have  been 
recommended,  wc  call  the  attention  of  the  legislature  to  the  fol- 
lowing analysis. 

Genekal  Pkovisions  Eegakdixg  the  Rights  and  Fraitchises 
OF  THE  City. 

This  chapter  contains  the  grant  to  the  city  of  corporate  power, 
of  franchises  and  of  power  of  local  administration,  continues  the 
guarantee  of  all  pledges  and  securities  for  the  city's  liabilities, 
regulates  the  grant  of  franchises  to  use  the  streets  and  waters,  and 
besides  provisions  with  regard  to  grants  of  land  under  water,  con- 
tains sections  relative  to  actions  by  and  against  the  city,  and  fixes 
the  geographical  boundaries  of  the  boroughs. 

In  its  draft  the  Commission  has  made  use  of  the  elaborate  de- 
scription of  munieipal  jwwers  contained  in  the  charter  of  cities 


8 

of  the  second  class  drawn  bj  the  late  Judge  Earl.  Inasmuch 
as  some  of  the  grants  to  the  oity  originated  in  royal  charters  and 
have  been  confirmed  by  the  state  constitutions,  provisions  have 
been  added  to  ensure  the  continuance  of  all  rights,  privileges  and 
powers  heretofore  vested  in  the  municipality. 

In  the  present  charter  words  are  defined  with  needless  fre- 
quency and  not  always  in  identical  language.  The  definition  of 
"  Franchises  "  in  our  Chapter  II  has  been  predicated  upon  defini- 
tions found  in  the  jurisprudence  of  our  own  state  and  of  other 
states  and  in  the  decisions  of  the  federal  courts,  and  in  the  Special 
Franchise  Tax  Law. 

Consents  to  the  exercise  of  franchises  tD  use  the  streets  and 
waters  of  the  city  are  treated  in  section  7,  which  is  practically 
identical  with  section  73  of  the  present  charter.  It  is  reported  in 
this  form  not  because  it  meets  with  the  approval  of  the  Commis- 
sion, but  because,  whenever  and  however  amended,  it  should  con- 
form to  the  amendments  of  the  Rapid  Transit  Act  of  1891  and 
of  the  Public  Service  Commissions  Law,  which,  it  is  understood, 
will  be  considered  by  the  legislature  at  the  present  session. 

In  section  10  slight  changes  have  been  made  in  the  phraseology 
of  the  corresponding  section  of  the  present  charter  (section  86). 
The  substantive  change  in  the  section  would  prohibit  grants  of 
land  under  water  within  the  city  to  the  riparian  proprietor  with- 
out the  city's  consent,  and  would  limit  gi-ants  by  the  commis- 
sioners of  the  land  office  to  riparian  proprietors  upon  terms  and 
conditions  satisfactory  to  the  city  acting  through  its  board  of  esti- 
mate and  apportionment.  These  changes  embody  in  statutory 
form  the  principle  frequently  enunciated  by  the  courts  that 
"  riparian  owners  have  no  right  to  prevent  important  public  im- 
provements upon  tide  water  for  the  benefit  of  commerce,"  and 
that  "  when  any  public  authority  conveys  lands  bounded  by  tide 
water  it  is  impliedly  subject  to  those  paramount  uses  to  which  the 
government  as  trustee  for  the  public  may  be  called  upon  to  apply 
the  water  front  for  the  promotion  of  commerce  and  the  general 
welfare"  (Sage  v.  Mayor,  154  :N'.  Y.,  79-80).  The  effect  of  our 
change  will  be  that  riparian  owners  cannot  acquire  such  grants 
without  the  approval  of  the  city  and  later  on  compel  the  city,  in 
the  event  of  the  requirement  of  lands  under  water  for  the  develop- 
ment of  the  water  front,  to  undertake  condemnation  proceedings 
in  which,  or  to  enter  into  contracts  by  which,  it  would  be  obliged 
to  pay  exorbitant  prices  —  many  times  what  riparian  grantees 
shall  have  paid  the  state. 


GENEE.iL  PkO VISIONS  ReQAEDING  TUE  DuTIES  OF   OfFICEKS. 

Tliis  chapter  contains  those  general  provisions  regarding  the 
duties  of  officers  and  employees  which  are  applicable  to  all  alike. 
These  provisions  are,  generally  speaking,  identical  with  the  pres- 
ent law,  except 

First:  Under  the  present  law  no  member  of  the  uniformed  force 
of  the  Police  or  Fire  Departments  can  be  nominated  for  an  elective 
office,  and  failure  to  decline  such  nomination  at  the  time  and  in  the 
manner  provided  is  declared  to  vacate  his  office.  This  principle  is 
extended  to  all  persons  holding  appointive  office  or  employment 
under  the  city  government. 

Second:  The  prohibition  which  forbids  employees  of  certain  de- 
partments of  the  city  government  to  participate  in  associations 
organized  for  the  purpose  of  contributing  funds  to  affect  legislation 
in  their  own  behalf,  or  to  promote  such  legislation,  is  extended  to 
apply  to  all  officers  and  employees  of  the  city. 

Third:  In  aid  of  the  Civil  Service,  and  of  its  divorce  from  poli- 
tics, an  entirely  new  subdivision  is  submitted,  which  provides  that, 
at  the  risk  of  forfeiture  of  his  office,  "  No  person  in  the  classified 
civil  service  of  the  city  shall  be  an  officer  or  member  of  any  polit- 
ical committee,  or  a  delegate  or  alternate  to  any  political  conven- 
tion." 

By  proposed  section  23,  "  JN'o  elective  officer  who  shall  have  been 
removed  under  any  provision  of  this  act  shall  be  eligible  to  election 
or  appointment  to  fill  the  vacancy  caused  by  his  removal."  This 
would  prevent  the  reappointment  of  a  removed  officer  to  the  va- 
cancy caused  by  his  own  removal. 

Another  recommendation  requires  the  payment  into  the  city 
treasury  of  all  fees  and  emoluments  received  by  any  officer  or  em- 
ployee of  the  city  under  any  statute.  This  would  put  an  end  to  the 
fee  system  so  far  as  remnants  of  it  still  exist  in  Manhattan,  Queens 
and  Richmond.  If  this  recommendation  and  certain  other  recom- 
mendations in  the  Board  of  Estimate  and  Apportionment  chapter 
be  adopted,  all  salaries  and  compensation  will  be  paid  out  of  budge- 
tary appropriations,  and  the  whole  subject  of  salaries  be  brought 
within  the  exclusive  control  of  the  Board  of  Estimate  and  Appor- 
tionment. The  most  important  feature  of  this  recommendation  is 
to  bring  the  appropriations  for  the  offices  of  the  several  district 
attorneys  clearly  within  the  budgetary  powers  of  the  Board  of  Es- 
timate and  Apportionment. 


10 

The  Council. 

If  the  recommendatiou  of  the  Commission  be  adopted,  the 
Council  should,  it  is  hoped,  become  a  more  important  factor  in 
local  government,  with  large  and  efficient  legislative  power.  What 
constitution  of  the  Council  would  tend  most  directly  and  immedi- 
ately to  secure  in  it  the  largest  measure  of  fitness,  and  to  secure 
for  it  the  greatest  efficiency,  is  a  question  to  which  the  Commis- 
sion has  given  much  deliberation.  With  these  considerations  in 
view  we  recommend  that  the  Council  be  reduced  from  its  present 
number,  seventy-three,  to  thirty-nine,  distributed  as  follows:  To 
Manhattan,  fourteen;  to  Brooklyn,  eleven;  to  The  Bronx,  six;  to 
Queens,  five,  and  to  Richmond,  three.  This  distribution  will  not 
materially  alter  the  relations  to  each  other  of  the  several  boroughs 
in  the  Council,  but  it  will  have  the  effect  of  making  the  Council 
districts  about  twice  as  large  as  at  present,  except  in  Richmond 
and  Queens,  and  will  insure  all  those  advantages  for  business  pur- 
poses which  a  smaller  body  possesses  in  contrast  with  a  larger  one, 
without  materially  disturbing  the  present  proportion  in  repre- 
sentation. 

The  city's  experience  with  an  unpaid  board  of  education  has 
been  so  satisfactory  that  we  recommend  the  abolition  of  the  salary 
of  councilmen  in  the  belief  that,  if  the  office  be  removed  from 
the  field  of  small  pecuniary  political  prizes,  it  will  no  longer  be 
utilized  as  an  adjunct  to  the  organized  political  machinery  of 
parties.  It  should  cease  to  allure  municipally  paid  agents  of  local 
political  leaders,  but  should  attract  those  seriously  interested  in 
the  solution  of  municipal  problems.  The  Commission  favors  re- 
turn to  the  policy  of  requiring  councilmen  to  be  residents  of  the 
districts  which  they  are  elected  to  represent.  Heads  of  depart- 
ments continue  to  have  seats  in  the  Council  and  to  be  entitled  to 
a  hearing,  although  not  to  a  vote. 

The  president  of  the  Council  is  also  vice-mayor  and  a  member 
of  the  board  of  estimate  and  apportionment.  His  duties  are  or 
may  be  of  a  triple  nature.  His  office  is  of  great  importance  and 
the  salary  should  be  ample'  to  attract  the  same  degree  of  character 
and  ability  as  the  mayoralty.  The  Commission  has,  therefore, 
recommended  that  the  salary  be  fifteen  thousand  dollars  a  year. 

A  cardinal  departure  has  been  made  from  the  existing  charter 
in  a  broad  grant  of  legislative  power  to  the  Council,  thus  follow- 
ing what  the  Commission  conceives  to  be  the  best  of  precedents  in 
recent  charters.     A  comprehensive  grant  within  thoroughly  de- 


11 

tilled  liiuitatious  is  iii  its  judgiiioiit  preferable  to  a  detailed 
enumeration  of  specific  powers.  The  broad  grant  includes  every- 
thing within  the  circumscribed  sphere,  yet  confers  no  jurisdiction 
beyond  it. 

This  ampler  ordinance  making  jwwer,  among  other  things, 
makes  the  Council  the  medium  for  the  correlation  and  coordina- 
tion of  all  ordinances  and  all  departmental  regulations.  It  may 
also  amend  certain  specified  sections  of  the  administrative  code 
which  are  so  local  in  their  operation  that  they  may  properly  be 
altered  by  the  city  legislature,  thus  relieving  the  state  legislature 
from  consideration  of  unnecessary  administrative  detail. 

Following  the  course  of  recent  evolution,  we  remove  from  the 
Council  every  vestige  of  power  over  grants  of  franchises  and  have 
transferred  all  such  powers  to  the  board  of  estimate  and  appor- 
tionment. The  board  of  aldermen  now  has  power  to  authorize  the 
issue,  for  certain  purposes,  of  revenue  bonds  not  exceeding  the 
sum  of  $2,000,000  a  year,  and  the  abandonment  of  this  practice 
is  recommended  for  reasons  which  will  later  be  stated.  The  power 
now  possessed  by  the  board  of  aldermen  to  fix  the  tax  levy  and 
reduce  specific  items  in  the  budget  is  continued  in  the  Council. 

The  Executive. 

Few  material  changes  are  i)ropo?ed  in  this  chapter.  We  recom- 
mend, however,  that  no  person  shall  be  eligible  for  the  office  of 
mayor  unless  he  shall  have  been  a  resident  of  the  city  for  at  least 
ten  years  preceding  his  election,  and  that  the  salary  be  increased 
to  twenty-five  thousand  dollars  a  year.  The  present  term  of  four 
years  is  continued.  There  is  doubt  whether  the  president  of  the 
board  of  aldermen,  in  the  event  of  vacancy  in  the  mayor's  office, 
would,  under  the  existing  charter,  become  mayor  for  the  full 
term.  This  is  removed  by  our  provision  that  an  election  to  fill 
the  vacancy  be  held  at  the  annual  election  following  its  occurrence 
—  the  president  of  the  council  to  be  mayor  ad  interim. 

The  mayor  will  continue  to  appoint  and  at  pleasure  remove  all 
heads  of  departments,  certain  commissioners  and  members  of 
boards. 

The  Municipal  Courts'  act  should  be  amended  to  authorize  the 
judges  of  those  courts  to  appoint  marshals,  under  civil  service 
rules.  The  appointment  of  a  marshal  by  the  mayor  is  in  the 
nature  of  a  pure  survival,  without  reason  in  logic  or  policy  for 
its   continuance.      There   is   need   for   this   min<ir  change,   which 


12 

would  tend  to  stop  practices  from  which  poor  and  inconspicuous 
litigants  suffer  seriously. 

We  recommend  that  the  mayor  be  authorized  to  appoint  an  ad- 
visory board,  to  act  in  conjunction  with  the  board  of  estimate  and 
apportionment  in  devising  and  formulating  plans  for  the  compre- 
hensive development  and  improvement  of  streets  and  parks.  This 
advisory  board  would  be  distinct  from  the  Municipal  Art  Com- 
mission, the  existence  of  which  is  continued. 

The  duties  of  commissioners  of  accounts  will  be  performed  by  a 
commissioner  of  inquiry — a  title  which,  more  fully  than  the 
present  title,  indicates  the  functions  of  this  office.  He  may  ap- 
point and  remove  two  deputies,  one,  an  attorney  and  counselor  at 
law.  The  commissioner  and  his  deputies  may  investigate  any  de- 
partment of  the  city  government,  but  subject  to  the  mayor's  power 
to  limit  the  scope  of  such  investigation.  The  mayor  will  thus  re- 
tain, but  under  better  guarantees  of  efficiency,  the  right  of  execu- 
tive investigation  into  the  operation  of  all  departments. 

BoAED  OF  Estimate  and  Apportionment  : 

A  majority  of  the  Commission  favor  the  continuance  of  a  board 
of  estimate  and  apportionment  consisting  of  the  mayor,  the  presi- 
dent of  the  council,  the  comptroller,  and  a  borough  president  to 
be  elected  from  each  borough.  A  marked  change  in  the  existing 
system  is  made  by  the  withdrawal  from  borough  presidents  of  all 
administrative  functions.  The  experiment  of  electing  borough 
representatives  as  financial  officers  to  vote  appropriations,  and  as 
administrative  officers  to  spend  appropriations  voted  to  themselves, 
was  violative  of  two  fundamental  principles  inherent  in  our  sytem; 
namely,  that  appropriating  officers  should  never  be  expending  offi- 
cers and  that  administrative  officers  should  be,  not  elective,  but  ap- 
pointive, and  be  at  all  times  clearly  within  the  sphere  of  unitary 
executive  responsibility.  Eelieved  of  administrative  duties  which 
now  make  their  offices  centers  of  political  patronage,  the  borough 
presidents  will  be  required  to  give  their  undivided  time  and  atten- 
tion to  the  work  of  the  board,  which  should  become  and  be  the 
great  financial  executive  committee  of  the  city.  From  the  stand- 
point of  the  city's  fiscal  requirements,  this  board  is  the  most  im- 
portant organ  of  the  city  government.  Its  members  should  be 
men  of  signal  ability,  chosen  because  of  their  peculiar  fitness  for 
the  performance  of  their  duties.  To  aid  in  insuring  the  election  of 
borough  presidents  of  high  capacity  and  of  conspicuous  position  in 


13 

their  respective  communities,  it  is  recommended  that  tiie  salary  be 
ten  thousand  dollars  a  year. 

We  projwso  to  create  under  the  board  several  new  bureaus,  for 
the  more  perfect  co-ordination  of  the  city  business,  greater  pro- 
tection of  its  rights,  better  preservation  of  its  property,  the  estab- 
lishment of  large  economies  in  its  purchases  and  of  a  comprehen- 
sive and  systematic  plan  for  its  growth.  Plans  for  city  improve- 
ments would  fall  within  the  province  of  the  bureau  of  public  im- 
provements and  engineering;  franchises  would  be  cared  for  by  the 
bureau  of  franchises;  the  city's  real  property  now  valued  at  up- 
wards of  eight  hundred  and  fifty  million  dollars  would  be  under 
the  charge  of  the  bureau  of  real  estate;  and  all  claims  against  the 
city,  instead  of  being  adjusted  in  the  finance  department,  would 
be  first  submitted  to  the  bureau  of  claims.  The  bureau  of  sala- 
ries is  to  classify  and  grade  officers  and  employees,  their  wages 
and  salaries,  and  powerfully  re-enforce  the  protection  furnished  to 
public  servants  by  the  Civil  Service  Law.  The  bureau  of  statis- 
tics and  publicity  would  have  charge  of  the  City  Record  and  with 
material  economy  to  the  city  would  print  and  publish  departmental 
reports  and  all  public  advertisements. 

The  bureau  of  supplies  is  designed  as  a  central  purchasing 
agency  for  all  supplies  required  in  common  by  all  city  depart- 
ments; its  functions  would  be  developed  through  use  and  experi- 
ence until  it  assumed  proportions  entitling  it  to  become  a  co- 
ordinate department  of  the  city  government.  This  natural  evolu- 
tion would,  we  think,  be  facilitated  by  the  creation  of  a  bureau 
under  flexible  regulations. 

The  Commission  is  firmly  convinced  that  the  board  of  estimate 
and  apportionment  should  exclusively  fix  all  appropriations  for 
salaries,  subject,  of  course,  to  their  reduction  by  the  Council, 
Exclusive  of  payments  under  the  "  prevailing  rate  of  wages  "  law, 
salary  appropriations  of  at  least  thirty-five  million  dollars  a  year 
are  fixed  by  the  legislature.  The  situation  is  unjust  to  taxpayers, 
and  is  anomalous  and  exceptional.  The  new  charter  proposes  the 
repeal  of  all  mandatory  sections  of  existing  law  relative  to  salaries 
of  policemen,  firemen,  school  teachers,  heads  of  departments  and 
bureaus,  and  all  other  appointive  city  and  county  officials.  If 
the  legislature  should  determine,  to  continue  the  maxima  and 
minima  provisions  of  the  so-called  "  Davis  ''  law,  no  modification 
of  the  educational  chapter  of  the  charter  would  be  necessary,  for 
this,  in  common  with  other  chapters,  contains  only  the  structural 
or  organic.     The  subject  of  teachers'  salaries  is  treated  in  the  edu- 


14 

cational  chapter  of  tlie  administrative  code,  which  can  easily  be  re- 
cast if  the  Davis  law  is  to  be  continued;  and  this  fact  illustrates 
the  statement  heretofore  made  in  this  report,  that  the  provisions 
of  the  code  may  readily  be  adapted  to  conform  with  such  changes 
(if  any)  as  the  legislature  may  make  in  the  proposed  charter. 

In  support  of  our  conviction  that  exclusive  control  of  local 
salaries  should  be  left  to  the  city,  we  submit  that  neither  success- 
ful nor  economic  administration  of  the  city's  affairs  will  be  at- 
tained so  long  as  the  legislature  usurps  a  power  that  belongs  of 
right  to  the  city,  thereby  relieving  appropriating  officers  of  re- 
sponsibility for  more  than  one-half  of  the  expenditure  for  salaries 
and  wages.  "New  York  City,  in  common  with  other  and  less 
heavily  burdened  municipalities,  ought  to  be  permitted,  through 
its  duly  elected  representatives,  to  determine  the  compensation  of 
all  its  officers  and  employees.  It  is  the  only  city  of  importance 
in  the  state  which  is  not  free  to  fix  teachers'  salaries.  Existing 
salaries  remain  unchanged  by  the  draft  charter  which  provides 
that  they  shall  remain  as  at  present  unless  and  until  changed  by 
the  board  of  estimate  and  apportionment. 

We  bespeak  special  attention  to  the  section  of  the  proposed  char- 
ter respecting  the  form  of  the  budget.  Under  the  present  charter 
a  taxpayer  would  find  it  almost  impossible  to  discover  for  what 
matters  the  budget  should  make  provision.  Yet  few  things  are 
more  important  to  him  than  to  know  that  his  servants,  in  making 
appropriations,  are  not  over-stepping  law.  For  the  first  time  in 
the  city's  history  reference  to  all  matters  which  are  the  subject  of 
appropriations  is  made  in  one  proposed  section.  One  distinct  ad- 
vantage of  this  change  is  that  it  serves  to  educate  the  taxpayer  to 
discriminate  between  current  expenses  and  capital  outlays.  All 
annual  expense  of  maintaining  the  city  government  should  (and 
but  for  archaic  sinking  funds  would)  be  paid  from  the  city's 
revenues  and  its  receipts  from  taxation,  whereas  all  expenditures 
for  permanent  improvements,  including  the  acquisition  of  land, 
should  be  met  by  issues  of  corporate  stock  or,  whenever  the  city 
may  be  reimbursed  by  means  of  assessments  upon  property  espe- 
cially benefited,  by  the  issue  of  assessment  bonds.  A  sharp  dis- 
tinction is  made  in  the  new  charter  between  corporate  stock  and 
assessment  bonds,  and  between  corporate  stock  and  assessment 
bonds  on  the  one  hand  and  special  revenue  and  revenue  bonds  on 
the  other ;  the  latter  classes  of  obligations  being  mere  devices  for 
anticipating  the  collection  of  income  from  taxation.  The  rule 
that  current  expenses  shall  be  paid  out  of  taxation  allows  no  ex- 


15 

ception.  Hence,  we  provide  that  all  the  annual  expenses  of  the 
dock  department  shall,  like  those  of  other  departments,  be  pro- 
vided for  in  the  budget  and  met  by  taxation,  thus  discontinuing 
the  evil  practice  of  issuing  corporate  stock  for  the  running  ex- 
penses of  the  dock  department. 

The  budget  should  include  also  a  detailed  statement  of  all  re- 
ceipts of  the  general  fund  and  of  all  sinking  funds,  the  surplus 
income  of  which  eventually  finds  its  way  into  the  general  fund. 
The  city  will  thus  have  a  scientific  budget  of  receipts  and  ex- 
penditures. 

Sinking  Funds. 

Before  a  draft  of  the  chapter  on  Sinking  Funds  was  made,  a 
history  of  the  sinking  funds  was  prepared,  in  order  that  the  Com- 
mission might  more  intelligently  discuss  existing  provisions.  The 
law  of  the  sinking  funds  remains  substantially  unchanged.  The 
old  pledges  of  the  city's  revenues  for  the  payment  of  it5  creditors 
are  preserved  inviolate.  There  has  been  a  rearrangement  of  the 
order  of  sections,  resulting  in  more  consecutiveness  and  coherence, 
and  for  the  first  time  the  actual  sinking  funds  of  the  city  have 
been  enumerated.  This  chapter  should  enable  the  reader  to  under- 
stand the  nature  and  purpose  of  the  various  funds.  Obsolete 
provisions  and  solecisms  of  expression  have  been  eliminated,  but 
no  contractual  pledge  has  been  infringed. 

The  Commission  believes  that  it  would  be  possible  to  refund  the 
entire  funded  debt  of  the  city,  exclusive  of  the  several  water  debts, 
at  a  satisfactory  rate  of  interest,  which  would  permit  of  the 
abolition  of  the  several  sinking  funds.  Many  sources  of  revenue 
might  be  increased  to  the  city's  gain,  if  they  were  not  to  be  locked 
up  indefinitely  in  sinking  funds,  and  some  might  perhaps  be  re- 
duced in  the  interest  of  the  city  and  the  taxpayer. 

The  theory  which  once  made  sinking  funds  prevalent  has  long 
since  been  abandoned.  Provision  for  meeting  all  funded  obliga- 
tions at  maturity  should  be  made  by  raising  by  taxation  the 
annual  interest  upon  these  obligations  and  the  requisite  amortiza- 
tion instalments.  Substantially  all  the  sinking  fund  revenues 
consist  of  the  city's  own  obligations;  its  creditors  therefore  have 
in  the  last  analysis  no  other  security  than  the  city's  own  promise 
to  pay.  If  the  sinking  fund  system  were  to  be  abolished  and  the 
payment  of  the  debt  provided  for  by  amortization  methods,  the 
present  anomalous  and  artificial  system  of  withdrawing  surplus 
revenues  from  the  sinkinir  fund  bv  the  issue  of  general  fund  bonds 


16 

to  that  fund  could  be  discontinued.  This  is  a  method  of  prevent- 
ing bj  indirection  undue  increase  of  these  funds,  and  in  effect  is 
an  evasion  of  those  provisions  of  law  which  require  their  mainte- 
nance intact  for  the  City's  creditors. 

Bonds  and  Obligations. 

Charter  provisions  regarding  corporate  stock  and  other  city 
bonds  have  not  the  sanctity  of  sinking  fund  provisions.  The 
Commission  has  here  made  substantive  changes  in  the  law.  It  has 
made  a  clear  line  of  demarkation  between  corporate  stock,  assess- 
ment bonds,  special  revenue  bonds  and  revenue  bonds.  Corporate 
stock  can  never  be  issued  to  pay  current  operative  expenses  if  the 
Commission's  theory  he  adopted.  To  insure  better  prices  and 
better  interest  rates  for  the  city  all  bonds  must  be  sold  after  public 
advertisement,  but  in  case  of  special  emergencies,  of  which  the 
board  of  estimate  and  apportionment  is  sole  judge,  revenue 
bonds  or  special  revenue  bonds  may  be  sold  without  advertisement. 

The  Commission  proposes  that  corporate  stock  shall  be  issued 
for  improvements  only.  Assessment  bonds,  although  in  part 
eventually  convertible  into  corporate  stock,  are  primarily  issued 
to  pay  for  public  work  for  which  the  city  may  be  reimbursed  by 
assessments  collected  from  property  especially  benefited  thereby. 
Failure  to  heed  the  proper  distinctions  between  the  several  classes 
of  city  obligations  has  led  in  practice  to  the  use  of  one  form  of 
bond  where  a  different  kind  only  was  proper,  and  to  confusion  of 
the  funds  from  which  bonds  of  different  kinds  should  be  paid. 

We  have  retained  the  provisions  regarding  general  fund  bonds, 
but  have  provided  in  the  board  of  estimate  and  apportionment 
chapter  that  the  interest  on  such  bonds  shall  be  defrayed  from 
annual  taxation  —  our  purpose  being  that  the  budget  shall  reflect 
all  current  expenditures,  of  which  interest  on  bonds  held  by  the 
sinking  funds  is  undoubtedly  one. 

The  Administrative  Departments. 

These  are  treated  in  a  single  chapter  under  particular  titles. 
In  Title  I  are  all  administrative  provisions  applicable  alike  to  all 
departments.  These  provisions  are  now  scattered  throughout  the 
present  charter,  and  are  repeated  in  different  administrative  titles, 
and  sometimes  even  in  different  sections  applicable  to  different 
bureaus  provided  for  in  the  same  title. 


17 

Finance  Dcparinieiit. 

The  Finance  departnient  of  late  years  has  become  the  reposi- 
tory of  so  many  functions  that  it  has  grown  beyond  reasonable 
and  workable  proportions.  It  now  exercises  many  powers  that 
with  greater  propriety  should  be  under  the  control  of  the  board  of 
estimate  and  apportionment.  Accumulation  of  functions  in  the 
comptroller  has  at  times  given  him  an  ascendency  over  the  mayor 
in  respect  of  purely  administrative  matters,  but  without  any  cor- 
responding responsibility  for  administrative  results.  The  depart- 
ment is  amorphous  and  chaotic.  In  order  to  readjust  relations 
between  it  and  other  departments  we  recommend  that  the  bureau 
of  claims  be  transferred  to  the  board  of  Estimate  and  Apportion- 
ment and  that  a  Bureau  of  Real  Estate  and  a  Bureau  of  Fran- 
chises be  created  therein ;  that  the  chamberlain  be  made  the  head 
of  an  independent  department  to  be  known  as  the  city  treasury 
department,  in  which  there  shall  be  three  bureaus  —  that  of  the 
city  treasury,  that  of  the  collection  of  taxes  and  revenues,  and  that 
of  licenses.  The  chamberlain's  office  at  present  is  nominally  a 
bureau  in  the  finance  department ;  but  the  chamberlain  is  actually 
an  independent  officer  appointed  by  the  mayor  like  other  heads  of 
departments.  Our  proposed  changes  make  the  city  chamberlain  a 
more  efficient  factor  in  the  administrative  government,  and  secure 
for  revenue  collections  and  for  licenses  attention  impossible  under 
the  present  organization. 

We  favor  a  bureau  of  licenses  in  lieu  of  a  department,  as  this 
branch  of  the  city's  business  has  not  yet  developed  to  proportions 
justifying  the  erection  of  a  co-ordinate  department.  But  the  entire 
matter  of  licenses  should  fall  in  one  bureau  for  systematization  of 
the  license  system  and  treatment  of  the  matter  of  licenses  and 
permits  in  such  manner  as  largely  to  increase  the  sources  of  rev- 
enue. The  adoption  of  this  recommendation  should  go  a  long 
way  toward  making  successful  the  effort  to  secure  an  adequate 
estimate  of  revenues  from  sources  other  than  taxation,  thus  tend- 
ing annually  to  relieve  the  tax  levy. 

The  Penal  Sections  of  the  Chapter. 

The  present  charter  contains  fully  170  sections  which,  Ix'ing 
penal  in  their  nature,  should  disap]iear  from  the  charter  proper. 
]\fany  are  repetitions  of  provisions  of  the  Penal  Code  or  Code  of 
Criminal  Procedure,  and  are  altogether  needless  in  the  charter. 
Others  so  nearly  rejioat  llie  provisions  of  one  or  the  other  code 


18 

as  to  leave  the  law  in  doubt,  because  of  the  question  raised  as  to 
which  is  controlling.  Others,  in  whole  or  in  part,  are  in  neither 
the  Penal  Code  nor  the  Code  of  Criminal  Procedure,  yet  in  one 
or  the  other  code  they  undoubtedly  belong.  All  penal  charter 
sections  have  been  segregated,  and  we  recommend  their  re-enact- 
ment in  a  separate  chapter  of  the  administrative  code  until  such 
time  as  they  shall  have  been  properly  cared  for  in  the  Penal  Code 
or  Code  of  Criminal  Procedure.  A  few  penal  sections  touching 
matters  of  peculiar  gravity  are  retained  in  the  proposed  charter, 
for  the  sake  of  greater  clearness  and  in  order  that  the  charter  may 
adequately  depict  the  entire  plan  of  city  government. 

Sections  of  present  administrative  titles  which  are  repetition 
of  matter  already  generally  provided  for  in  the  Public  Officers' 
Law  have  been  eliminated  because  they  encumber  the  charter  and 
make  it  less  intelligible.  These  remarks  apply  to  all  of  the  admin- 
istrative titles. 

The  Police  Department. 

In  this  department  we  recommend  that  the  Commissioner  must 
appoint  a  deputy  in  the  borough  of  Brooklyn ;  and  that  to  a  deputy 
commissioner  who  shall  be  a  counselor  at  law  of  five  years'  stand- 
ing be  confided  the  conduct  of  all  police  trials.  The  police  com- 
missioner is  to  frame  rules  of  practice  for  police  trials,  to  be 
approved  by  the  Appellate  Division  of  the  Supreme  Court  in  the 
First  Judicial  Department,  and  is  to  review  the  trial  commis- 
sioner's findings  and  fix  the  punishment.  No  writs  of  certiorari 
shall  hereafter  issue  to  review  his  determination,  but  it  may  be 
reviewed  by  an  appeal  to  the  Appellate  Division,  whose  decision 
shall  be  final.  This  procedure  should  render  trials  simpler,  juster 
and  more  expeditious,  and  guarantee  all  members  of  the  force  an 
absolutely  fair  hearing  by  a  competent  officer,  under  specific  rules 
permitting  appeal  to  a  satisfactory  superior  tribunal.  It  would 
have  the  effect  of  eliminating  the  injurious  consequences  of  arbi- 
trariness and  individual  temperament  which  have  for  years  past 
been  a  constant  cause  of  complaint  in  the  disciplinary  adminis- 
tration of  the  department. 

We  have  also  recommended  that  a  schedule  of  penalties  be  re- 
quired to  be  fixed  by  the  commissioner,  which  shall  be  just  and 
may  be  equally  applied  to  all,  so  as  to  make  it  impossible  that  like 
offenses  tried  by  different  persons  or  by  the  same  person  at  differ- 
ent times  may  result,  merely  as  a  matter  of  temperament  or  bias, 


IJl 

in  a  punishment  at  one  time  and  as  against  one  individual  which 
in  no  serious  manner  affects  his  career  in  the  department,  while, 
at  another  time  or  as  against  another  individual,  the  punishment 
is  such  as  to  make  all  advancement  practically  impossible. 

In  this  connection  we  may  add  that  we  recommend  the  applica« 
tion  of  a  similar  system  in  the  trial  of  members  of  the  fire  force. 

The  Commission  with  substantial  unanimity  recommends  the 
appointment  of  a  superintendent  of  police  from  the  uniformed 
force  (following  the  very  successful  practice  of  the  fire  depart- 
ment), who  shall  be  the  executive  head  of  the  uniformed  force. 
But  the  superintendent  should  be  removable  by  the  commissioner. 

Investigation  demonstrates  that  the  reduction  of  the  minimum 
age  at  which  persons  may  enter  the  police  force  has  worked  to  pub- 
lic disadvantage,  and  we  therefore  recommend  that  no  person  here- 
after be  eligible  for  membership  in  the  force  until  he  has  reached 
the  age  of  twenty-five  years.  Younger  men  cannot  safely  be 
entrusted  with  the  performance  of  the  very  serious  duties  of  peace 
officers,  and  many  of  the  administrative  difficulties  now  encoun- 
tered in  the  department  are  due  to  the  increasing  number  of  imma- 
ture policemen. 

Minor  changes  have  been  proposed,  generally  upon  the  well-justi- 
fied recommendations  of  the  commissioner  or  of  members  of  the 
force.  They  will,  however,  appear  in  their  proper  place  in  the 
draft  charter,  and  will  be  explained  in  detail  in  the  notes  accom- 
panying it. 

Health  Department. 

In  the  substantive  law  of  the  health  department  we  recommend 
but  one  change  —  that  the  office  of  coroner  be  abolished,  and  that 
the  duties  of  coroners  in  making  post-mortem  examinations  here- 
after be  performed  by  a  chief  medical  examiner  in  the  department 
of  health  and  his  assistants,  and  that  inquests  be  conducted  by  city 
magistrates.  In  making  these  recommendations  the  Commission 
has  considered  chapter  577  of  the  Laws  of  1902,  by  which  the 
office  of  coroner  in  the  county  of  Erie  was  abolished. 

AVe  would  also  make  it  obligatory  upon  the  department  to  main- 
tain a  bureau  in  each  borough  in  which  the  records  of  births, 
marriages  and  deaths  in  that  borough  should  be  kept  —  thus  over- 
coming the  objections  convincingly  urged  to  the  present  system  by 
the  medical  profession  throughout  the  entire  city.  These,  however, 
being  administrative  matters,  will  be  treated  in  a  supplementary 
report  on  the  administrative  code. 


20 

Charities  Department  and  Bellevue  and  allied  hospitals. 

Provision  has  been  made  for  municipal  supervision  or  mainte- 
nance of  an  adequate  ambulance  service  in  all  the  boroughs. 

Board  of  Education. 

We  recommend  the  abolition  of  the  board  of  education  as  a  sepa- 
rate corporation.  ISTo  reason  exists  for  its  continuance  as  a  sepa- 
rate corporate  entity,  and  none  has  been  urged  by  representatives 
of  the  board.  On  the  contrary,  they  appear  to  favor  its  abolition. 
In  obedience  to  advanced  educational  opinion,  we  would  reduce 
membership  of  the  board  to  fifteen  —  a  change  which  should  insure 
increased  efficiency.  We  retain  the  local  school  boards,  the  num- 
ber of  which  is  made  to  correspond  with  the  number  of  council  dis- 
tricts, but  relegate  the  details  of  their  constitution  and  functions  to 
the  administrative  2ode.  We  have  made  the  tenure  of  the  adminis- 
trative, the  supervising  and  the  teaching  staff  to  continue  during 
good  behavior  and  competency.  We  have  continued  the  two  col- 
leges which  constitute  the  capstone  of  the  city's  educational  sys- 
tem. All  provisions  of  the  present  charter  respecting  the  appoint- 
ment of  principals  and  teachers,  and  the  method  of  licensing 
teachers,  will,  with  slight  changes,  find  place  in  the  administra- 
tive code,  in  which  may  be  inserted  also  such,  provisions  (if  any) 
as  the  legislature  may  enact  respecting  salaries  of  the  teaching 
staff. 

AVe  may  here  add  that  since  the  passage  of  the  Ahearn  and 
Davis  laws  the  annual  expense  per  capita  of  the  population  for 
the  maintenance  of  the  city's  public  school  system  has  been 
doubled,  and  we  reaffirm  our  belief  that  the  citizens  of  this  me- 
tropolis and  its  board  of  estimate  will  never  permit  the  educa- 
tional system  to  retrograde  for  lack  of  adequate  appropriations. 

Department  of  ^Yaier  Supply. 

We  recommend  that  the  department  of  water  supply  be  de- 
prived of  all  jurisdiction  in  respect  of  gas  and  electricity,  which 
should  be  transferred  to  the  department  of  street  control. 

We  favor  the  abolition  of  the  Croton  Aqueduct  Commission  for 
reasons  presented  in  the  report  of  the  Charter  Revision  Commis- 
sion of  1907. 


Department  of  Docks  and  Ferries. 

The  law  regarding  docks  and  ferries  is  complex  and  chaotic. 
To  reduce  it  to  clear  and  .intelligible  shape,  without  substantive 
change  or  impairment  of  the  city's  rights,  has  been  a  work  of 
difficulty  requiring  prolonged  investigation.  That  part  of  the 
law  which  should  properly  be  incorporated  in  the  charter  re- 
quires but  few  sections,  and  these,  as  recommended,  involve  no 
changes  in  the  actual  system.  ;^Iany  provisions  of  the  present 
charter  in  the  dock  department  title  are  purely  administrative  in 
character;  the  administrative  code  will  reduce  to  order,  system  and 
intelligibility  one  of  the  most  difficult  titles  of  the  present  charter. 
The  park  department  has  control  of  part  of  the  water  front. 
Properly  to  delimit  the  respective  jurisdictions  of  the  dock  and 
the  park  departments  upon  the  water  front  has  required  much 
research  and  the  skilled  assistance  of  the  corporation  counsel's 
office. 

Building  Department. 

This  department  existed  prior  to  1901,  when  the  office  of 
borough  president  was  created,  but  it  failed  for  want  of  executive 
unity  due  to  the  fact  that  it  was  an  application  of  a  combination 
of  the  board  principle  with  a  division  of  territorial  responsibility. 
It  was  abolished  in  1901,  and  the  functions  previously  exercised 
by  it  were  then  divided  among  the  borough  presidents.  The  ex- 
periment has  proved  a  signal  failure,  and  we  recommend  the  re- 
creation of  this  department. 

The  Department  of  Street  Control. 

The  Charter  Revision  Commission  of  1907,  whose  report  was 
before  the  legislature  when  the  latter  authorized  the  appointment 
of  the  present  Commission,  reported  to  the  governor  as  follows: 
''  In  the  old  city  of  New  York,  under  the  Consolidation 
Act  of  1882,  the  Commissioner  of  Public  Works  had  virtual 
control  of  all  the  street  functions,  except  street  cleaning.    He 
had  all  the  powers  of  the  borough  presidents,  and  in  addi- 
tion, many  of  the  powers  now  exercised  by  the  Commissioner 
of  Water  Supply,  Gas  and  Electricity.     It  is  probably  true 
that  the  management  of  the  water  supply  of  the  great  city 
is  too  large  a  matter  to  be  left  to  the  control  of  a  bureau. 
But   it   is  possible  so   to  co-ordinate   the   powers  to  be  ex- 


22 

ercised  with  resj>ect  to  the  streets  as  to  do  away,  if  not 
wholly,  at  least  largely,  with  much  of  the  existing  conflict  of 
authority. 

''  With  this  object  in  view  it  has  seemed  to  the  Commission 
that  a  Department  of  Street  Control  should  be  created,  with 
all  the  jurisdiction  now  vested  in  the  borough  presidents 
with  respect  to  the  construction  and  repair  of  streets,  sewers, 
pavements  and  other  structures,  openings  for  all  purposes  in 
street  surfaces,  and  encumbrances.  In  addition,  it  should  ex- 
ercise all  street  cleaning  functions,  have  charge  of  lighting 
the  streets,  and  be  vested  with  all  the  powers  and  duties  of 
the  Department  of  Water  Supply,  Gas  and  Electricity,  ex- 
cept such  as  relate  to  the  water  supply  proper.  In  short,  it 
should  possess  all  authority  and  control  over  the  streets  ex- 
cept the  regulation  of  traffic  by  the  Police  Department  and 
the  care  of  the  water  mains  laid  under  the  streets.  It  is 
worthy  of  consideration  whether  this  department  should  not 
be  charged  with  the  physical  work  of  laying  and  repair  of  all 
water  mains,  subject  to  the  requisition  and  general  supervi- 
sion of  the  Department  of  Water  Supply.     *     *     * 

"  The  Commission  strongly  favors  the  creation  of  this  de- 
partment, to  be  presided  over  by  a  commissioner,  appointed 
by  the  Mayor,  with  authority  to  appoint  a  deputy  in  each  of 
the  boroughs.    *    *    * 

"  Since,  in  the  proposed  redistribution  of  powers  over  the 
streets,  conflict  of  authority  may  arise,  provision  should  be 
made  for  the  intervention  of  the  Mayor  as  the  final  authority, 
to  determine  the  matter  in  dispute,  whether  it  be  a  question 
of  precedence  between  contemplated  improvements,  the  tear- 
ing up  of  a  newly  laid  pavement,  for  purposes  of  subsurface 
construction,  or  other  possible  subject  of  conflicting  jurisdic- 
tion. 

"  In  any  improvement  or  work  involving  the  opening  of  a 
street  surface,  provision  should  be  made  for  limiting  the 
length  or  area  of  the  surface  which  may  be  open  at  one  time. 
This  would  prevent  abuses  which  arise  from  the  opening  of 
long  stretches  of  the  streets  before  the  contractor  or  munici- 
pality is  actually  ready  to  proceed  with  the  subsurface  con- 
struction, or  far  in  advance  of  the  latter.  Provision  might 
be  made  for  requiring  work  of  this  character  to  be  conducted 
by  night  and  day  shifts  in  order  to  expedite  it  and  limit  the 


23 

time  during  wliieh  abutting  i)roperty  may  be  injured  and 
street  traffic  inconvenienced. 

"  The  Commissioner  of  Street  Control  should  be  required, 
when  making  his  annual  departmental  estimate,  to  base  his 
estimate  of  the  sums  needed  to  maintain  or  repair  the  streets, 
upon  a  thorough  and  adequate  inspection  of  their  surfaces/' 

A  majority  of  the  Commission  concurs  in  these  views,  and  there- 
fore recommends  the  creation  of  a  department  of  street  control 
vcste<l  with  the  powers  conferred  in  sections  224  to  233  inclusive, 
thus  concentrating  in  a  single  department  under  the  city's  chief 
executive  all  functions  of  street  control  now  divided  between  cer- 
tain appointees  of  the  Mayor  and  the  elected  borough  presidents 
for  whose  acts  he  is  not  responsible.  The  Department  of  Street 
Control  will  maintain  the  same  administrative  offices  in  the 
boroughs  that  the  borough  presidents  now  do,  except  in  respect  of 
the  building  department,  and  public;  facilities  for  doing  local  busi- 
ness will  not  be  impaired. 

Ferries: 

By  original  grants  and  confirmation  in  colonial  charters,  the 
former  city  of  J^ew  York  acquired  a  franchise  covering  all  ferries. 

The  uniform  practice  of  the  city  was  until  recently  to  lease  its 
ferries  for  short  terms  to  companies  organized  to  operate  ferries, 
or  to  railway  corporations,  like  the  Pennsylvania  Railroad  Com- 
pany, the  Central  Railroad  Company  of  Xew  Jersey,  the  Erie 
Railroad  Company  and  the  Delaware,  Lackawanna  &  Western 
Railroad  Company.  Within  a  few  years  the  city  has  undertaken 
to  operate  two  ferries  directly:  one,  to  Staten  Island;  the  other, 
to  Thirty-ninth  street,  Brooklyn.  Municipal  Ojx  ration  has  been 
expensive  in  the  extreme,  the  net  loss  on  the  Staten  Island  ferry 
alone  being  almost  as  large  as  the  total  contribution  of  Richmond 
County  to  the  tax  levy. 

Five  other  ferries  have  been  discontinued  by  their  lessees,  and 
the  courts  having  in  effect  decide<l  that  the  city  received  its  ferry 
franchise  for  the  benefit  of  its  inhabitants,  and  must  itself  operate 
or  compel  its  lessees  to  operate  its  ferries,  it  follows  that  if  the 
city  should  finally  be  compelled  to  run  them  directly  (as  seems 
not  unlikely)  the  loss  in  the  near  future  in  ferry  operations  may 
easily  attain  the  sum  of  two  million  dollars  a  year. 

Apart  from  the  legal  question  of  the  city's  obligation  to  run 
ferries  which  its  lessees  refuse  to  run  at  a  loss,  is  the  question  of 


24 

the  proper  method  of  defraying  the  cost  of  municipal  operation. 
The  cost  of  operation,  and,  of  necessity,  the  resulting  loss  in  the 
case  of  ferries  municipally  operated,  are  paid  at  present  out  of 
issues  of  corporate  stock.  The  evil  of  this  system  is  twofold :  first, 
future  generations  are  thus  charged  with  present  operating  loss; 
and,  secondly,  the  present  generation  is  debarred  pro  tanto  of  the 
use  of  the  city's  credit  for  public  improvements,  inasmuch  as  its 
borrowing  capacity  is  impaired  by  the  use  of  its  credit  for  current 
ferry  expenses  and  ferry  losses. 

The  practice  is  an  outgrowth  of  conditions  created  by  the  city's 
sinking  funds.  The  ordinance  of  1844  pledged  all  ferry  income  to 
the  sinking  fund  for  the  payment  of  interest  upon  the  debt  of  the 
former  city,  and  the  surplus  of  the  interest  fund  now  finds  its  way 
into  the  sinking  fund  for  the  payment  of  the  principal  of  that  debt. 
At  present  ferry  rentals  are  paid  into  the  interest  fund.  The  ques- 
tion arises  whether  the  gross  income  from  ferries,  or  the  net  in- 
come merely,  belongs  to  the  sinking  fund.  In  our  opinion  only 
net  income  belongs  to  the  fund.  According  to  the  decisions  of  the 
courts  the  city's  feriy  franchise  is  an  integral  thing.  The  city's 
ferry  system  should  also  be  treated  integrally,  and  rentals  from 
these  ferries  should  so  far  as  needed  be  applied  to  meet  losses  on 
municipally  operated  ferries,  and  only  the  net  rentals  remaining 
after  this  application  should  go  to  the  sinking  fund.  If  on  the 
■other  hand  after  the  application  of  ferry  rentals,  a  loss  should 
still  remain  in  ferry  operations,  that  loss,  like  all  current  expenses, 
should  be  paid  out  of  the  tax  levy.  But  as  the  loss  for  any  year 
would  be  conjectural  at  the  time  of  the  making  of  the  budget  of 
that  year,  we  propose  instead  that  it  be  paid  out  of  special  revenue 
bonds  redeemable  from  the  tax  levy  of  the  ensuing  year. 

Payment  of  these  operating  losses  out  of  proceeds  of  corporate 
stock  is  indefensible;  the  community  should  know  from  year  to 
year  just  Avhat  the  annual  losses  are,  and  this  information  should 
be  discoverable  from  the  budget.  If  ferry  losses  are  payable  out  of 
taxation,  the  taxpayer  will  soon  realize  the  significance  of  the  loss 
and  be  prompted  to  devise  a  solution  consistent  with  the  interests 
of  the  city. 

It  must  be  borne  in  mind  that  the  city  is  carrying  on  a  ferry 
business  exactly  as  a  private  corporation  might  do  if  it  possessed 
similar  franchises.  The  city  in  part  operates  its  ferries  directly; 
in  part  farms  them  to  lessees,  but  its  ferry  business  is  as  much  one 
business  as  it  would  be  if  it  were  the  business  of  a  private 
corporation. 


25 

Acquisition  of  Real  Property  for  Puhlic  Purposes: 

The  cost  to  the  city  of  the  acquisition  of  real  property  for  public 
purposes  has  become  a  matter  of  scandal.  The  method  of  correct- 
ing the  waste  and  extravagance  of  condemnation  proceedings  will 
require  the  most  careful  attention  from  the  legislature.  The  pro- 
posed real  property  chapter  contains  only  a  few  sections,  merely 
granting  to  the  city  the  right  of  eminent  domain,  in  broad  terms. 
In  the  chapter  dealing  with  the  issue  of  corporate  stock,  provision 
is  made  that  it  may  be  used  to  purchase  existing  franchises.  In 
the  chapter  on  the  board  of  estimate  and  apportionment  power  is 
given  to  acquire  property  by  agreement  with  the  owner  without  re- 
sort to  condemnation,  and  that  such  agreement  may  be  made  dur- 
ing condemnation  proceedings,  or  even  after  an  award,  provided 
the  amount  paid  shall  not  exceed  the  award.  The  present  charter 
contains  many  obscure,  conflicting  and  redundant  provisions  for 
the  acquisition  of  real  property  for  different  public  uses.  The  con- 
fusion is  enhanced  by  special  laws  —  for  example,  the  act  creating 
the  Aqueduct  Commission  and  the  act  creating  the  Board  of  Water 
Supply. 

The  practice  which  obtains  in  the  appointment  of  commissioners 
in  such  proceedings  merits  criticism;  courts  do  not  always  suffi- 
ciently regard  the  public  interest  in  the  allowance  of  counsel  and 
commissioners'  fees ;  and  the  commissioners  frequently  deem  their 
appointment  not  so  much  a  public  trust  as  an  opportunity  for 
exorbitant  private  profit  at  the  city's  expense.  The  evils  are  glar- 
ing and  of  long  continuance.  The  vital  question  is  the  remedy. 
Upon  this  subject  diverse  views  are  entertained  by  the  Commission 
as  well  as  in  the  community.  Some  members  of  the  Commission, 
as  a  means  of  temporary  relief,  favor  the  appointment  by  the  Ap- 
pellate Division  of  a  permanent  board  of  condemnation  commis- 
sioners of  twenty-one  persons  residents  of  the  several  counties  in- 
cluded within  the  city,  these  commissioners  to  be  salaried  and  to 
have  jurisdiction  over  practically  all  condemnation  proceedings 
where  property  to  be  acquired  is  within  the  city  limits ;  the  Appel- 
late Division  to  make  appointments  from  the  list  of  permanent 
commissioners,  unless  objection  be  made  by  a  property  owner,  in 
which  case  it  may  appoint  at  its  discretion  outside  of  the  list.  All 
commissioners  who  are  not  to  receive  salaries  shall  serve  at  the  rate 
of  ten  dollars  for  a  day  of  five  hours,  no  allowance  to  be  made  for 
adjournments  or  for  shorter  sessions. 

Other  members  of  the  Commission  question  the  constitutionality 


26 

of  this  plan,  and  believe  the  only  remedy  to  be  a  constitutional 
amendment.  All  concur  in  recommending  the  amendment  of  the 
Constitution  so  as  to  provide  for  a  court  of  condemnation. 

By  an  act  of  the  legislature  passed  after  the  ratification  of  the 
Constitution  of  1894,  the  Apj)ellate  Divisions  were  empowered  to 
establish  rules  of  practice  binding  upon  all  the  courts  in  this  state 
and  all  the  judges  and  justices  thereof,  except  the  Court  for  the 
Trial  of  Impeachments,  and  the  Court  of  Appeals.  Under  their 
rules  they  assign  the  trial  and  special  term  justices  to  the 
different  ])arts  during  each  calendar  year.  Applications  for  the 
appointment  of  commissioners  in  condemnation  proceedings  must, 
in  the  first  department,  be  made  at  part  three,  special  term. 
Inspection  of  the  list  of  justices  designated  to  sit  in  this  important 
part  since  January  1,  1895,  discloses  the  remarkable  fact  that  few 
justices  have  ever  been  privileged  to  occupy  this  post  and  to  dis- 
pense the  patronage  attached  to  it.  In  cases  where  ovdng  to  the 
absence  of  the  designated  justice  some  other  justice  sits,  it  is  the 
almost  invariable  practice  for  the  corporation  counsel  to  adjourn 
applications  for  the  appointment  of  commissioners  until  a  term  at 
which  the  regularly  assigned  justice  presides.  Thus,  through  its 
control  over  the  rules  of  the  court  and  over  the  assignment  of 
justices,  the  Appellate  Division  in  this  department  is  in  a  position 
to  remedy  some  of  the  graver  evils  of  the  system. 

According  to  a  statement  submitted  to  this  Commission  by  the 
Board  of  Water  Supply  as  of  August  31,  1908,  its  expenditures 
to  that  date  in  the  acquisition  of  real  estate,  either  by  private  con- 
tract or  under  the  law  of  eminent  domain,  were  as  follows: 

Advertising $187,158  10 

Stenographers  and  other  clerks  to  Commissioners 

of  Appraisal   27,932  67 

Special  counsel  fees  and  expenses 268,775  60 

Commissioners  of  Appraisal,  fees 104,515  48 

Commissioners  of  Appraisal,  expenses 30,618  74 

Awards  in  condemnation  proceedings 277,007  50 

Interest  on  awards 15,781  93 

Counsel  fees  of  Parcel  Owners 18,862  70 

Agreements,  offices  and  buildings 28,287  00 

Advertising  proposals    9,268  11 

Contracts 507,263  67 


27 

Of  this  enormous  outlay,  a  sum  aggregating  $691,200.33, 
appears  to  have  been  incurred  in  the  condemnation  of  land  ap- 
praised at  $277,007.50,  and  in  purchases  by  contract  amounting 
to  $507,203.67.  This  vastly  disproportionate  expenditure  is  due 
to  provisions  of  the  statute  creating  the  board,  and  revised  legis- 
lation would  fail  of  complete  success  if  it  did  not  prevent  such 
excessive  cost  in  the  future. 

Local  Boards. 

We  recommend  that  there  be  but  one  local  board  for  each  bor- 
ough, to  consist  of  the  members  of  the  council  elected  from  it. 
This  determination  has  been  reached  after  thorough  investigation 
and  prolonged  consideration,  and  we  believe  that  the  best  interests 
of  the  localities  will  bo  subserved  by  the  adoption  of  this  course 
and  the  discontinuance  of  the  large  number  of  local  boards  now  in 
existence. 

We  also  recommend  that  the  borough  boards  shall  have  jxtwer 
upon  their  own  initiative,  without  approval  of  the  board  of  esti- 
mate and  apportionment,  to  undertake  local  improvements  not  in- 
consistent with  the  general  plan  of  city  improvement,  in  all  cases 
in  which  the  cost  of  an  improvement  shall  not  exceed  five  thou- 
sand dollars  —  the  cost  to  be  assessed  upon  the  area  of  benefit. 

Inferior  local  courts. 

No  change  is  recommended  in  respect  of  inferior  local  courts, 
except  that  provision  be  made  for  the  appointment  of  two  addi- 
tional justices  of  special  sessions,  seriously  needed  at  the  present 
time. 

A  number  of  sections  of  the  present  charter  devoted  to  the  in- 
ferior civil  and  criminal  courts  will  be  carried  into  the  administra- 
tive code,  until  the  passage  of  a  law  res|K}cting  courts  of  inferior 
local  criminal  jurisdiction  throughout  the  state,  and  a  new  mu- 
nicipal courts  act  ore  enacted. 

The  only  fundamental  change  we  suggest  is  the  imposition  upon 
police  magistrates  of  the  duty  (now  performed  by  coroners)  of 
authorizing  autopsies,  and  of  ccnducling  inquests. 

Pension  Funds: 

The  pro]x>sed  charter  deals  in  the  fii"st  instance  in  a  single  sec- 
tion with  all  pension  funds,  continuing  and  preserving  them  in- 
tact.    Diflforent  pension  and  retirement  fund  sections  of  the  pres- 


28 

ent  charter  are  largely  repetitious.  We  have  believed  it  better, 
after  a  general  provision  for  the  continuance  of  these  funds,  to  put 
all  sections  relating  to  their  administration,  into  the  administra- 
tive code. 

Board  of  Assessment  and  Award: 

Great  care  has  been  given  to  the  clarification  of  sections  of 
the  charter  regarding  the  constitution  and  functions  of  the  board 
of  assessors.  Inasmuch  as  we  propose  an  enlargement  of  the 
powers  of  the  former  board  so  as  to  permit  it  to  make  awards  for 
damages  for  changes  of  grade  (functions  which  it  now  performs 
under  numerous  special  statutes),  we  have  changed  the  title  of  the 
board. 

Such  sections  of  the  existing  charter  in  respect  to  the  board  of 
assessors,  not  in  the  new  charter,  as  we  propose  to  retain,  are  in- 
corporated in  the  administrative  code,  which  provides  also  ma- 
chinery for  the  collection  of  assessments.  In  this  connection  we 
may  add  that  the  administrative  code  makes  adequate  provision 
for  the  collection  of  arrears  of  taxes  and  of  water  rents. 

The  Municipal  Civil  Service. 

Sections  of  general  application  have  been  placed  in  Title  1  of 
the  administrative  departments.  The  tenure  of  employees  has 
been  safeguarded  by  a  requirement  that  in  the  removal  of  any  em- 
ployee holding  a  position  in  the  classified  municipal  service  sub- 
ject to  competitive  examination,  there  shall,  together  with  a  copy 
of  the  charges  forming  the  basis  of  his  dismissal  and  the  ex- 
planation of  his  removal,  be  filed  a  copy  of  his  defense  with  the 
municipal  civil  service  commission.  This  may  have  a  tendency 
to  check  a  practice  which  tends  to  reduce  the  civil  service  tenure 
to  a  farce  —  where  a  department  head  makes  a  charge  against  an 
employee  which  is  abundantly  met  by  his  answer  but  is  treated  as 
insufficient.  We  recommend  a  particular  chapter  on  the  munic- 
ipal civil  service  in  which  are  set  forth  the  fundamental  prin- 
ciples of  the  Civil  Service  Law  as  applicable  to  the  city,  but 
without  repetition  of  general  provisions  of  the  State  Civil  Service 
Law.  This  brief  chapter  shows  the  precise  place  and  function  of 
the  municipal  civil  service  commission  in  the  political  organization 
of  the  city. 


29 

Congestion  and  City  Plan. 

By  taking  the  control  of  the  city  map  out  of  the  hands  of  the 
Borough  Presidents,  and  by  vesting  the  Board  of  Estimate  and 
Apportionment  with  the  power  to  perfect  it  not  only,  but  by  im- 
posing upon  that  Board  the  duty  of  perfecting  the  map  and  con- 
ducting all  future  improvements  consistently  with  a  comprehensive 
scheme  for  the  physical  development  of  the  city,  intelligently  and 
harmoniously,  it  will  be  possible  for  the  first  time  to  provide  the 
administrative  means  whereby  the  cure  for  the  existing  congestion 
of  population  may  be  accomplished.  It  is  impossible,  consistently 
with  the  welfare  of  the  city,  that  present  conditions  should  con- 
tinue, or  that  the  city  should  longer  be  menaced  with  an  intensi- 
fication of  the  evil.  The  first  remedial  step  is  to  impose  upon 
some  competent  body  the  duty  to  study  and  investigate  and  the 
power  to  prepare  such  a  stable  and  comprehensive  plan  as  present 
and  future  necessities  may  dictate,  and  this  we  believe  we  have 
done  in  the  grant  of  powers  to  the  Board  of  Estimate  and  Appor- 
ment.  This  should  also  be  of  the  greatest  value  to  the  Public  Ser- 
vice Commission  in  connection  with  its  work  of  devising  a  com- 
prehensive plan  for  the  development  of  the  transportation  facilities 
in  the  City. 

Conclusion. 

The  diversity  and  importance  of  the  subjects  treated  in  this 
report  and  codified  in  the  proposed  charter  will  enable  the  legis- 
lature to  assess  the  magnitude  of  the  labor  of  this  Commission. 
It  has  attempted  to  formulate  a  comparatively  brief  charter  out 
of  a  body  of  law  reaching  back  to  colonial  days,  and,  since  1830, 
covering  a  number  of  municipal  charters  and  numerous  statutes. 
The  charter  of  Greater  !N'ew  York,  as  its  creators  admitted,  was 
not  "  a  charter  in  general  terms  with  concise  sections  compre- 
hensive in  character,"  but  was  an  aggregation,  more  or  less  sym- 
metrically arranged,  of  all  provisions  of  law  relative  to  the  newly 
constituted  municipality.  The  Charter  Revision  Commission  of 
1900  at  the  outset  of  its  report  declared  that  it  had  debated 
whether  it  would  undertake  the  preparation  of  a  charter  "  dif- 
ferent in  form  from  the  existing  charter,  or  whether  it  would  em- 
body its  recommendations  in  the  form  of  amendments  to  that 
charter."  It  decided  that  "  the  limited  amount  of  time  at  the  com- 
mand of  the  Commission  "  rendered  it  impossible  for  it  to  enter 
upon  an  enterprise  so  vast.  This  work  has  devolved  by  law  upon 
the  present  Commission.    It  has  endeavored  to  obey  the  legislative 


30 

mandate  making  it  obligatory  to  present  its  report  before  the  close 
of  the  existing  session.  This  mandate  has  recently  been  empha- 
sized 'by  request  from  the  Cities  Committees  of  the  Senate  and  of 
the  Assembly  that  a  report  be  presented  by  the  Commission  not 
later  than  March  .  Obedient  thereto,  the  Commission  submits 
its  results. 

Mr.  Madison  in  the  summer  of  1823  wrote  in  reference  to  the 
work  of  the  great  federal  convention  of  1787  that  in  the  latter 
stages  of  its  session  ''  it  was  not  exempt  from  a  degree  of  the 
hurrying  influence  produced  by  fatigue  and  impatience  in  all  such 
bodies."  The  Commission  has  no  sense  of  impatience  beyond  the 
realization  that  a  truly  fit  charter  and  administrative  code  would 
be  the  product  of  work  upon  which  no  time  limit  is  set. 

The  Commission  has  been  sustained  in  its  labors  by  the  convic- 
tion that  they  cannot  prove  futile,  but  must  contribute  to  the 
foundation  upon  which  a  satisfactory^  organic  law  and  adminis- 
trative code  for  the  city  may  be  established. 

With  the  administrative  code  will  be  submitted  special  bills  in 
reference  to  the  various  sections  of  the  present  charter  and  of  other 
statutes  either  rej^ealed,  modified  or  left  in  full  force. 

We  cannot  too  highly  testify  our  appreciation  of  the  valuable 
assistance  which  various  heads  of  departments  and  bureaus  have 
cheerfully  and  courteously  rendered. 

Respectfully  submitted, 

WM.  M:  IVINS,  Chairman. 

E.  R.  L.  GOULD,  Vice-Chair  man. 

JAMES  COWDEN  MEYERS,  Secretary. 

ALFRED  J.  BOULTON. 

GEORGE  CROMWELL. 

J.  HAMPDEN  DOUGHERTY. 

GEORGE  L.  DUVAL. 

GEORGE  McANENY. 

P.  F.  McGOWAK 

HERMAN  A.  METZ. 

HARRISON  S.  MOORE. 

W.  W.  NILES. 

CHARLES  H.  STRONG. 

ALMET  REED  LATSON. 


31 


While  wc  have  s.gncd  the  foregoing  as  the  report  of  the  Com- 
m,ss,on  we  have  done  so  with  the  express  res  rvation  hat  we 
favor  the  election  of  a  horongh  execntive  i„  each  borllh  who 
8hal  be  charged  with  ocal  adn.inistrative  functions  s°"lr  to 
those  now  vested  in  the  borough  presidents  in  eaeli  borongh  and  a 
separate  member  of  the  board  of  estimate  and  apportionment  a„d 
we  dissent  from  the  conclusions  of  the  majority  in  that  regard 

HARRISON  S.   MOORE 
ALFRED  J.   BOULTON. 


32 

To  indicate  our  concurrence  in  the  main  with  the  views  of  our 
associates,  we  have  signed  the  foregoing  report  but  desire  to  note 
our  dissent  from  the  conclusions  of  the  majority  of  the  Commis- 
sion in  the  matter  of  the  administration  of  borough  affairs,  for  the 
reason  that  we  do  not  believe  that  the  charter  as  proposed  recog- 
nizes the  principle  of  substantial  home  rule  in  local  affairs. 

GEORGE   CEOMWELL. 
W.  W.  NILES. 


33 

The  recommendations  of  the  Commission  as  a  whole,  acting 
through  its  majority,  are  contained  in  the  foregoing  report,  which 
I  have  signed,  yet  1  am  constrained  to  dissent  from  its  conclusions 
in  certain  particulars. 

1.  Borough  Government. —  The  wisdom  of  divorcing  the  legis- 
lative functions  of  the  borough  president  from  the  administrative 
duties  now  exercised  by  that  officer  is  conceded.  It  is  equally  ap- 
parent that  there  should  be  vested  in  the  mayor  that  degree  of 
centralization  which  would  enable  him  to  exact  the  proper  ad- 
ministration of  government  in  each  borough.  On  the  other  hand, 
an  appropriate  measure  of  borough  autonomy  should  be  preserved 
and  the  danger  of  complete  domination  or  permanent  iutrench- 
ment  by  any  one  political  party  should  be  averted.  Under  the 
proposed  plan  the  borough  president  is  r6tained,  his  functions 
limited  to  a  seat  in  the  Board  of  Estimate  and  Apportionment, 
while  the  administrative  or  executive  functions  now  exercised  by 
the  five  borough  presidents  are  transferred  to  a  single  commis- 
sioner appointed  by  the  mayor.  As  a  substitute  for  this  plan,  I 
recommend : 

a.  That  the  elective  office  of  borough  president  be  retained, 
the  incumbent  to  be  vested  with  the  present  administrative  func- 
tions of  that  officer  only. 

b.  That  there  be  elected  in  each  borough  a  representative 
to  be  known  as  "  Member  of  the  Board  of  Estimate  and  Appor- 
tionment," and  that  the  present  system  of  plural  voting  be 
preserved. 

c.  That  the  mayor  be  vested  with  power  of  removal  over  the 
borough  president,  for  cause,  with  power  of  appointment  to  fill 
the  vacancy  created,  the  person  chosen  to  be  a  member  of  the  same 
political  party  as  the  last  incumbent  of  the  office. 

2.  Police. — So  far  as  practicable  the  various  departments  should 
be  administered  in  the  borough  of  Brooklyn  by  officials  of  the  same 
grade  as  those  who  administer  the  departments  in  the  borough  of 
Manhattan.  This  is  particularly  true  of  the  Police  Department. 
Under  the  recommendations  of  this  report,  while  provision  is  made 
for  the  maintenance  of  a  branch  office  in  the  lK:>rough  of  Brook- 
lyn, the  police  commissioner  is  vested  with  discretion  in  the  de- 
termination of  the  extent  to  which  the  police  force  assigned  to 
that  borough  shall  be  commanded  by  a  resident  official.  A  man- 
datory provision  should  be  substituted.  The  creation  of  a  super- 
intendent of  police  selected  from  the  uniformed  force  meets  with 
my  hearty  approval,  but  if  provision  were  made  that  he  in  turn 


34 

should  appoint  from  the  uniformed  force  a  chief  having  control 
throughout  the  boroughs  of  Manhattan,  Bronx  and  Richmond,  and 
another  having  control  throughout  the  boroughs  of  Brooklyn  and 
Queens,  the  efficiency  of  the  entire  force  would  be  greatly  in- 
creased, the  existing  discontent  in  the  boroughs  would  be  largely 
eliminated,  and  probably  th:'  c  ;mmissioner  would  need  but  a 
single  deputy  in  addition  to  the  trial  deputy. 

3.  Inferior  local  courts. — The  appointment  of  city  magistrates 
and  justices  of  the  Court  of  Special  Sessions  constitutes  a  notable 
exception  to  the  principle  of  an  elective  judiciary  which  runs 
through  the  entire  system  of  government  in  the  state  of  iSTew 
York.  Experience  seems  not  to  have  justified  the  retention  of 
this  exception.  Any  tendencj^  to  give  to  that  important  bench  a 
political  complexion  would  be  greatly  modified  by  adhering  to  the 
elective  system. 

ALMET  EEED  LATSOX. 


35 

Xkw  York,  N.   V.,   December   12,  1008. 
To  THE  Governor, 
Sie: 

111  coinpliaiioe  wilii  your  request,  we  now  havs  the  honor  to 
make  the  folhjwin*^  report  with  regard  to  the  constitutional  bor- 
rowing capacity  of  The  City  of  New  York  as  of  the  1st  of  Xo- 
vember,  1908. 

At  the  request  of  the  special  committee  of  the  Senate  and  As- 
sembly now  investigating  the  finanacial  affairs  of  The  City  of  New 
Y'ork,  and  also  at  the  request  of  the  Charter  Commission,  the 
Comptroller  has  prepared  a  statement  uix)n  the  basis  of  calcula- 
tion adopted  for  the  Finance  Department  of  the  City,  showing  the 
margin  of  borrowing  capacity,  within  the  constitutional  limita- 
tion, as  of  Xovembcr  1st,  to  be  $37,931,640. 
Ten   per   cent,    assessed   valuation   of   taxable 

real  estate,  1908 $672,241,578  itO 

Xet  funded  debt  (charge- 
able against  constitu- 
tional limitation  ....  $546,354,179  09 
Xet  contract  liability 
(chargeable  against  con- 
stitutional limitation)  .  .  45,416,523  30 
For  land  acquired  (esti- 
mated)    18,935,961   76 

Revenue  bonds  of  1902, 
outstanding      Xovember 

1,  1908  .'. 100.000  00 

Revenue  bonds  of  1903, 
out.^tanding      Xovtmber 

1,  1908 5,000,000  00 

Revenue  bonds  of  1904, 
outstanding      Xovember 

1.  1908 4,476.000  00 

Revenue  bonds  of  1905, 
outstanding      Xovembcr 

1,  1908 7,000.000   00 

Revenue  bonds  of  1906, 
outstanding  November 
1,  1908 9,376,210  00 

Total $25,952,210  00 

Grnnd  tot:iI 636,658.874  15 

balance $35,582,704  75 


36 

Remaining  out  'November  1,  1908,  of  the  pro- 
ceeds of  sale  of  bonds,  the  following  amount 
which  has  not  been  apportioned  and  trans- 
ferred to  the  credit  of  the  various  accounts 
on  account  of  which  said  bonds  were  author- 
ized to  be  sold $2,348,935  83 


Estimated  margin  out  November  1,  1908 $37,931,640  58 

Before  discussing  this  statement  in  detail  it  is  proper  to  say 
that  early  in  May  of  the  present  year  a  special  committee  of  the 
Charter  Commission  undertook  an  investigation  of  the  City's 
borrowing  capacity,  which  will  be  spoken  of  generally  hereafter 
as  the  Debt  Limit.  For  the  purpose  of  ascertaining  the  City's 
contract  indebtedness,  certified  as  well  as  uncertified,  on  the  books 
of  the  Comptroller,  specific  questions  were  addressed  to  each  of 
the  City  departments,  accompanied  by  uniform  blank  schedules. 
In  reply  to  the  Committee's  communications  it  received  from  each 
of  the  City  departments  satisfactory  replies,  returning  the  sched- 
ules showing  in  detail  as  of  the  1st  of  July  the  precise  contract 
debt  of  the  City  payable  out  of  the  proceeds  of  corporate  stock; 
that  is  to  say,  all  contract  indebtedness  except  that  payable  from 
appropriations  for  departmental  purposes.  The  Committee  then 
undertook  an  examination  of  all  questions  of  law  involved  in  the 
method  of  calculating  the  City's  indebtedness  for  the  purpose  of 
determining  whether  the  same  was  within  the  constitutional  limi- 
tation, examining  all  of  the  opinions  of  the  several  Counsel  to 
the  Corporation  in  respect  to  these  matters  and  thoroughly  in- 
vestigating the  practices  of  the  Finance  Department  in  the  in- 
clusion or  exclusion  of  one  or  another  item  in  or  from  its  cal- 
culations. 

Having  said  this  much  by  way  of  foreword,  permit  us  now  to 
recast  the  Comptroller's  statement  of  November  1st,  so  as  to  show 
the  elements  of  his  calculation,  which  it  will  be  noted  at  the 
outset  does  not  even  contain  a  statement  of  the  gross  bonded  debt 
of  the  City,  and  which  as  prepared  does  not  admit  of  any  check 
or  counter-calculation,  except  as  the  result  of  expert  knowledge 
or  access  to  the  City's  books,  and  therefore,  although  arriving 
at  a  result  which  may  or  may  not  be  correct,  is  nevertheless  quite 
blind  to  interested  taxpayers  or  the  holders  of  the  City's  securities. 
We  prefer,  therefore,  to  recast  the  form  of  statement  summarily, 
for  the  time  being  adhering  to  the  Comptroller's  basis  of  calcula- 


37 

tion.      The  result  is   as  follows,   the   figures  differing  from   the 
Comptroller's  onlj  because  of  our  failure  to  include  the  cents: 

Gross  bonded  indebtedness,  Xov.  1,  190S $033,121,157 

Less  revenue  bonds 130,578,100 

Gross  funded  debt $703,543,057 

Contract  liability,  other  than  on  ap- 
propriation account $45,416,523 

Liability  for  land  acquired,  as  esti- 
mated by  the  Comptroller $18,035,901 

Revenue  bonds  issued  against  uncol- 
lected taxes  for  years  prior  to 
1907 25,952,210 

$90,304,694 

$883,847,751 
Deductions: 

Bonds  held  by  the  sinking  fund, 
and  which  are  redeemable  from 
those  funds,  exempt  under  Bank 
for  Savings  v.  Grace $190,649,564 

County  bonds,  exempt  under  the  Con- 
stitution          21,708,279 

Water  bonds  for  debt  incurred  since 
January  1,  1904,  exempt  under 
the  Constitution 34,831,034 

Proceeds  of  bonds  in  the  City  Treas- 
ury, deducted  by  the  Comptroller.         2,348,935 

249,537,812 

$634,309,939 
Ten  per  cent,  of  assessed  valuation  of  taxable  real 
estate,  1908 672.241,578 

Margin  of  borrowing  capacity  of  the  City  upon  the 

basis  of  the  above  calculation $37,931,639 


We  may  now  consider  the  propriety  .and  adequacy  of  the  method 
:>i  calculation. 

1.  It  will  be  observed  in  the  first  instance  that  the  Comptroller 
estimates  land  liabilities  at  $18,935,961.     Our  investigation  has 


38 

dii^closcd  the  fact  that  this  estimate  of  liability  covers  only  that 
land  where  title  has  actually  passed  to  the  City,  and  that  so  far  as 
practicable  the  estimate  is  made  upon  the  following  basis : 

a.  Awards  actually  made,  but  not  yet  paid. 

h.  Estimated  awards  about  to  be  made,  where  the  basis  of  the 
award  has  been  determined  by  the  commissioners. 

c.  Where  no  basis  of  award  has  yet  been  arrived  at,  upon 
the  value  of  the  property  as  assessed  for  purposes  of  taxation. 

d.  That  nothing  is  included  in  the  estimate  for  interest  and  for 
costs  of  acquisition,  meaning  thereby  commissioners'  fees,  dis- 
bursements and  legal  costs. 

2.  The  most  careful  examination  leads  us  to  the  belief  that  in 
respect  of  the  lands  already  acquired  by  the  City,  this  estimate  is 
inadequate.  As  will  be  observed,  it  is  determined  more  or  less 
arbitrarily  by  the  Comptroller,  can  be  increased  or  decreased  at  his 
pleasure,  is  certainly  inadequate  so  far  as  concerns  so  much  of  the 
estimate  as  is  based  upon  values  as  assessed  for  purposes  of  taxa- 
tion, and  is  wholly  erroneous  to  the  extent  to  which  it  fails  to  in- 
clude interest  and  the  costs  of  acquisition.  It  is  our  belief  that 
this  estimate  should  be  increased  by  not  less  than  50  per  cent. ; 
that  is  to  say,  that  there  should  be  added  thereto  as  a  minimum, 
$9,500,000. 

2a.  A  very  grave  question  is  raised  as  to  whether  the  City 
should  not  also,  as  a  matter  of  business  conservatism  and  in  due 
respect  for  the  spirit  of  the  Constitution,  estimate  and  deduct  its 
contingent  liability  for  real  estate  in  course  of  condemnation, 
where  the  City  has  not  yet  actually  acquired  title.  This  is  a  ques- 
tion of  law,  however,  which  can  only  be  determined  by  the  courts 
or  by  an  act  of  the  Legislature.  Until  so  determined,  and  not- 
withstanding the  contention  that  the  City  has  the  right  to  discon- 
tinue, which  we  have  maturely  considered,  it  is  our  belief  that  the 
Constitution  should  have  the  benefit  of  the  doubt.  Our  inquiries 
indicate  that  the  lands  in  course  of  condemnation  where  title  has 
not  yet  passed  to  the  City  are  at  least  331/3  per  cent,  of  all  real 
estate  now  being  condemned.  If  the  ultimate  cost  of  such  land 
be  calculated  upon  the  same  basis  as  that  suggested  by  us  for  the 
determination  of  the  ultimate  cost  to  the  City  of  lands  to  which 
title  has  passed,  it  would  be  necessary  to  add  a  further  $14,000,000 
to  the  item  of  land  liability,  thus  making  a  total  increase  in  the 
item  of  land  liability  of  $23,500,000. 


39 

•21).  The  city  is  under  certain  obligations  to  pay  for  real  estate 
privately  purchased,  aud  this  item  is  completely  neglected  by  the 
Department  in  its  calculations. 

3.  The  Comptroller  has  not  added  to  the  City's  liability  con- 
tracts payable  out  of  the  proceeds  of  bonds  when  contracts  have 
been  actually  let  and  entered  into  between  the  departments  and 
contractors,  but  which  he  has  not  yet  certified  to  and  carried  into 
the  City's  general  books.  It  is  possible  for  the  Comptroller  from 
time  to  time,  by  failure  to  certify  such  contracts,  to  contract  or 
expand  the  borrowing  capacity  of  the  City,  a  practice  which  we  do 
not  believe  was  contemplated  by  the  Constitution,  notwithstanding 
the  fact  that  no  contract  can  be  sued  on  until  so  certified.  Such 
contracts  have  been  authorized  by  the  Board  of  Estimate  and  Ap- 
portionment, have  been  duly  entered  into,  and  in  our  opinion 
should,  for  the  purpose  of  calculating  the  debt  limit,  be  treated 
precisely  in  the  same  manner  as  contracts  which  have  received 
the  Comptroller's  certificate.  If  we  are  right  in  this  belief,  there 
should  be  added,  in  round  figures,  as  of  November  1,  1908,  for 
such  contracts,  $3,500,000.  To  this  should  be  added  all  contracts 
awarded,  but  which  have  not  yet  been  forwarded  to  the  Comp- 
troller's office,  and  which  may  aggregate  a  large  sum.  We  de- 
termined precisely  what  this  was  as  of  July  1st  last,  and  to  do  so 
required  an  investigation  which  continued  for  six  weeks.  It 
would  now  require  not  less  than  a  month  to  make  the  exact  cor 
responding  figures  as  of  November  1st. 

4.  The  Comptroller  has,  in  his  calculation,  made  a  deduction  of 
$2,348,935  for  proceeds  of  bonds  remaining  in  the  City  Treasury, 
"  which  have  not  been  apportioned,  and  transferred  to  the  credit 
of  the  various  accounts  on  account  of  which  said  bonds  were  au- 
thorized to  be  sold,"  but  are  mingled  with  the  common  fund.  This 
is  deducted  by  the  Department  on  the  theory  that  the  amoimt  is 
applicable  to  the  payment  of  land  liabilities,  or  to  payment  on 
account  of  contracts  already  included  in  the  debt.  Until  the  cash 
is  so  used,  however,  it  is  merely  an  asset  of  the  City,  like  any  other 
asset,  and  the  ruling  of  the  courts  does  not  seem  to  authorize  any 
deductions  for  assets  of  any  kind,  and  particularly  where  the  fund 
in  question  is  not  separated  from  other  moneys  in  the  Treasury, 
but  is  used  for  the  payment  of  the  City's  current  bills. 

5.  It  should  be  observed,  in  passing,  that  no  estimate  is  made  of 
the  contingent  liability  of  the  City  in  some  25,000  actions  now 
pending  against  it.    Judgments  entered  in  these  actions,  as  a  rule- 


40 

are  ultimately  paid  out  of  appropriation  account,  but  that  seems  to 
be  no  reason  why  some  proper  estimate  should  not  be  made  for  so 
much  of  such  judgments  as  cannot  be  paid  out  of  appropriation 
accounts. 

6,  At  this  point  attention  should  also  be  called  to  the  fact  that 
by  Chapter  208  of  the  Laws  of  190'6,  the  Board  of  Estimate  and 
Apportionment  was  required,  on  or  before  the  first  day  of  October, 
1906,  to  "  authorize  corporate  stock  of  The  City  of  New  York  to 
be  issued  to  an  amount  equal  to  so  much  of  the  deficiency  on  the 
1st  day  of  January,  1905,  in  the  product  of  taxes  theretofore 
levied  and  deemed  by  the  Board  to  be  uncollectable,  as  shall  not 
be  provided  for  in  prior  tax  levies  or  by  the  issue  of  corporate 
stock  of  The  City  of  New  York,"  which  act  was  to  take  effect 
immediately.  The  Board  of  Estimate  and  Apportionment  deter- 
mined such  amount  to  bo  $36,000,000,  and  authorized  the  issue  of 
$36,000,000  of  corporate  stock.  Under  such  authorization,  how- 
ever, it  has  up  to  this  time  actually  issued  but  $3,000,000.  The 
question  is  at  once  raised  as  to  whether  it  was  the  intent  of  the 
Legislature  that  this  $36,000,000  of  uncollectable  taxes  should  be 
funded,  and  if  so,  whether  the  Board  of  Estimate  and  Apportion- 
ment has  any  discretion  in  the  premises.  We  understand  the  law 
to  be  mandatory,  and  not  to  be  limited  to  the  authorization  of  the 
issue,  but  to  the  exercise  of  the  authority. 

In  view  of  the  foregoing,  we  now  call  attention  to  what  we 
believe  to  be  the  necessary  readjustment  of  the  estimated  margin 
of  borrowing  capacity  as  shown  by  the  statement  of  the  Finance 
Department,    namely   $37,931,640  00 

Additional  estimated  land  liability $23,500,000  00 

Cash  improperly  deducted 2,348,935  00 

Contracts  let  but  not  certified 3,500,000  00 

$29,348,935  00 
Readjusting  the  Comptroller's  figures  by  the  de- 
duction of  this  amount  we  have  a  remainder 

<^f  b;it $8,582,705  00 

exclusive  of  contracts  awarded  but  not  yet  in  the  Comptroller's 
hands,  and  contracts  for  purchase  of  real  estate,  still  unconsidered. 
^  In  addition  to  the  questions  involved  in  the  foregoing  considera- 
tions, our  attention  has  been  called  to  another  matter  of  much 
gravity,  namely,  the  question  as  to  whether  the  assessed  value  of 
special  franchises  for  purposes  of  taxation  should  be  included  in 


41 

the  assessed  real  estate,  for  the  purpose  of  determining  the  borrow- 
ing capacity  of  the  City  within  the  constitutional  limitation. 

Article  VIII,  Section  10  of  the  Constitution  contains  the  fol- 
lowing provision  as  the  same  was  adopted  in  18S-1  and  subse- 
quently in  1804: 

"  Xo  city  or  county  shall  be  allowed  to  become  indebted 
for  any  purpose  or  in  any  manner,  to  an  amount  which,  in- 
cluding existing  indebtedness,  shall  exceed  ten  per  centum  of 
the  assessed  valuation  of  the  real  estate  of  such  county  or  city, 
subject  to  taxation  as  it  appeared  by  the  assessment  rolls  of 
said  county  or  city  on  the  last  assessment  for  state  or  county 
taxes  prior  to  the  incurring  of  such  indebtedness;  and  all 
indebtedness  in  excess  of  such  limitation,  except  such  as 
may  now  exist,  shall  be  absolutely  void,  except  as  herein 
otherwise  provided.  Xo  county  or  city  whose  present  in- 
debtedness exceeds  ten  per  centum  of  the  assessed  valuation 
of  its  real  estate  subject  to  taxation  shall  be  allowed  to  be- 
come indebted  for  any  further  amount  until  such  indebted- 
ness shall  be  reduced  within  such  limit." 

At  the  time  of  the  original  adoption  of  this  provision  in  1884, 
as  well  as  at  the  time  of  its  re-adoption  in  1894,  and  subsequently 
and  until  after  the  passage  of  the  s^U'cial  franchise  tax  law  of  1899, 
no  special  franchises  were  assessed  for  purposes  of  taxation  in  any 
city  of  this  State.  They  first  appear  on  the  City's  assessment  rolls 
in  1901.  At  the  time  of  the  passage  of  the  special  franchise  tax 
law  "  real  estate  "  had  a  definite,  fixed,  technical  meaning.  It  was 
defined  by  the  Revised  Statutes  as  "  lands,  tenements  and  heredita- 
ments,'' and  is  still  so  defined  by  the  Revised  Statutes.  When  the 
Constitution  was  passed,  jxrsonal  ]>ro|)erty,  although  tangible,  was 
excluded  from  the  basis  for  the  calculation  of  the  debt  limit,  and 
special  franchises  as  taxed  and  as  defined  by  the  law  of  1899  is 
a  new  s]->ecies  of  intangible  property.  Subdivision  3  of  Section  2 
of  the  Law  of  1899  provides: 

"  The  terms  '  land,'  *  real  estate,'  and  '  real  property  '  as 
used  in  this  chapter,  include  the  land  itself  above  and  under 
water,  all  buildings  and  other  articles  and  structures,  sub- 
structures and  superstructures  erected  upon,  under  or  above 
the  same  or  affixed  to  the  same,  etc.,  etc.,  all  surface,  under- 
ground or  elevated  railroads,  including  the  value  of  all  fran- 
chises, rights  or  permission  to  construct,  maintain  or  operate 


42 

the  same  in,  under,  above  or  tliroiigh  streets,  highways,  etc., 
etc.,  and  all  mains,  pipes  and  tanks  laid  or  placed  in,  upon, 
above  or  under  any  public  or  private  street  or  place  for 
conducting  steam,  heat,  water,  oil,  electricity  or  any  property, 
substance  or  product  capable  of  transportation,  etc.,  etc.,  in- 
eluding  the  value  of  all  franchises,  rights,  authority  or  per- 
mission to  construct,  maintain,  operate,  etc.,  etc.,  any  mains, 
pipes,  tanks,  conduits,  or  wires,  etc.,  etc.,  for  conducting 
water,  steam,  heat,  light,  power,  etc." 

The  Court  of  Appeals  held  that  this  law  created 

"  a  new  system  of  taxation,  brought  within  its  range  a  new 
character  of  property,  and  assigned  the  duty  of  making  the 
valuation  to  the  state  board  of  tax  commissioners  *  *  * 
throughout  the  entire  state.  *  *  *  The  system  thus 
created  had  never  been  known  before,  and  as  its  main  sub- 
ject the  act  dealt  with  special  franchises,  which  had  never 
been  taxed  before.  Property  unknown  as  the  subject  of  taxa- 
tion to  the  framers  of  any  of  our  constitutions  was  brought 
into  the  system,  which  required  new  methods  of  valuation 
and  the  exercise  of  functions  which  had  never  belonged  to 
local  assessors.  The  property  was  sui  generis,  and  from  its 
nature  could  not  be  valued  by  local  assessors.  *  *  *  The 
valuation  of  special  franchises  had  never  been  attempted  be- 
fore, but  presented  a  new  field  of  action  and  called  for  the 
exercise  of  new  and  different  functions.  They  could  not  be 
seen,  handled,  measured,  weighed  or  counted.  They  were 
specialties,  and  had  no  market  value.  There  were  no  sales 
to  guide,  and  no  experience  from  ownership,  rental  or  use  to 
rely  upon.  The  new  property  is  real  estate  in  name  hut  not 
in  reality,  for  it  is  a  mere  privilege  to  do  something  in  public 
streets  and  places  not  permitted  to  citizens  generally." 

It  will  be  noted  that  the  definition  which  includes  special  fran- 
chises in  "  lands,"  "  real  estate  "  and  "  real  property  "  is  given  "  as 
used  in  this  chapter."  The  point  is  now  raised  that  the  term  "  real 
estate  "  as  used  in  the  special  franchise  law  is  not  the  term  "  real 
estate  "  as  used  in  the  Constitution ;  that  the  Legislature  cannot  en- 
large the  meaning  of  the  Constitution  directly  by  the  attribution 
of  new  meanings  to  terms  used  in  the  Constitution,  nor  indirectly 
by  the  attribution  to  the  Constitution  of  new  meanings  adopted 
by  the  Legislature  for  purposes  within  its  power  but  not  referred . 
to  in  the  act  or  foreseen  by  the  Constitution.     If  this  contention 


43 

be  correct,  then  the  assessed  value  of  real  estate  as  of  July  6, 
1908,  will  have  to  be  reduced  by  the  amount  of  $492,490,470, 
thus  reducing  the  basis  of  the  calculation  for  the  determination 
of  the  City's  borrowing  capacity  by  10  per  cent,  of  such  sum,  or 
$19,249,047.  This  is  a  matter  of  vital  importance,  and  as  it  is 
answered  in  one  way  or  the  other,  must  determine  the  immediate 
future  course  of  the  municipal  authorities  in  respect  of  the  fur- 
tlier  it^sue  of  cori>orate  stock. 
The  questions  here  raised  are: 

1st.  Did  the  Legislature  intend  to  enlarge  the  City's  borrowing 
capacity  ? 

2d.  If  such  was  its  intention,  had  it  the  power  to  carry  such 
intention  into  effect? 

The  questions  involved  have  been  passed  upon  but  once,  and  by 
the  Appellate  Division  —  KTonshein  v.  Rochester,  7G  App.  Div. 
494  —  which  does  not  seem  to  have  been  considered  with  a  view- 
to  the  full  consequences  of  the  decision  in  their  relation  to  the 
fundamental  purpose  of  the  Constitution. 

There  can  be  no  question  about  the  power  of  the  Legislature  to 
prescribe  the  method  for  determining  the  borrowing  capacity  of  the 
City,  provided  such  prescription  is  not  obnoxious  to  the  Constitu- 
tion in  that  it  would  permit  an  extension  of  the  municipal  borrow- 
ing capacity  beyond  the  10  per  cent,  limit.  That  the  Legislature 
has  power  to  settle  all  of  these  questions,  and  to  make  it  impossible 
in  the  future  that  there  should  be  any  doubt  as  to  how  the  City's 
borrowing  capacity  shall  be  calculated,  and  incidentally  thereto  as 
to  whether  any  issue  of  bonds  is  or  is  not  invalid,  is  beyond  doubt. 
Such  being  the  ease,  we  arc  of  the  opinion  that  the  Legislature 
should  be  asked  to  pass  a  law  applicable  alike  to  all  cities  of  the 
State,  but  in  any  event  applicable  to  The  City  of  Xew  York,  which 
should  require  the  statement  to  be  made  as  follows: 

1.  To  include  all  assessment  bonds  due  and  outstanding,  with- 
out deduction  therefrom  of  amounts  due  the  City  on  account  r»f 
property  benefited. 

2.  To  include  all  outstanding  revenue  bonds  issued  for  account 
of  all  taxes  which  shall  have  remained  unpaid  for  more  than  two 
vears. 


44 

3.  To  include  an  adequate  estimate  for  all  claims  against  the 
City  in  course  of  settlement,  or  which  may  be  reduced  to  judgment 
in  pending  suits  to  which  the  City  is  defendant,  and  which  claims 
or  judgments  are  not  payable  out  of  the  proceeds  of  revenue  bonds. 

4.  To  include  the  maximum  estimated  cost  to  the  City,  includ- 
ing interest  and  all  legal  costs,  fees,  disbursements  and  expenses, 
of  the  acquisition  by  the  City  of  all  real  estate  at  the  date  of  such 
statement,  in  actual  course  of  condemnation;  all  awards  made  in 
condemnation  proceedings  and  payable  by  the  City,  where  such 
awards  remain  unpaid;  and  all  sums  to  be  paid  under  contracts 
for  purchase  without  condemnation. 

5.  To  include  the  aggregate  of  all  contracts  which  have  been 
duly  awarded  and  signed  by  the  head  of  any  department,  whether 
the  same  shall  or  shall  not  have  been  certified  by  the  Comptroller. 

6.  To  make  no  deduction  from  the  City's  indebtedness  on  ac- 
count of  cash  in  the  City  Treasury,  proceeds  of  the  sale  of  corpo- 
rate stock  or  bonds,  other  than  revenue  bonds  and  special  revenue 
bonds,  where  such  cash  is  mingled  with  other  cash  in  the  treasury 
and  has  not  been  specifically  appropriated  and  set  aside  for  the 
purposes  of  the  account  for  which  the  stock  or  bonds  of  which  such 
cash  is  the  proceeds  were  issued. 

7.  To  make  no  deduction  on  account  of  any  iminvested  cash  in 
any  of  the  sinking  funds. 

S.  To  make  no  deduction  of  the  amount  of  any  bonds  of  the 
City  held  by  any  of  the  sinking  funds,  which  bonds  are  by  con- 
stitutional provision  exempted  from  the  calculation  of  the  City's 
borrowing  capacity. 

If  the  Constitution  did  not  mean  that  special  franchises  should 
be  used  as  a  basis  for  calculating  the  City's  borrowing  capacity, 
then  the  Legislature  will  have  no  power  to  permit  the  continuance 
of  the  present  practice;  but  on  the  other  hand,  the  Legislature 
would  have  the  power,  as  we  are  advised,  if  it  saw  fit,  itself  to  solve 
the  question  by  providing  that  in  estimating  the  borrowing  ca- 
pacity of  the  City  such  special  franchise  assessments  should  not 
be  used  as  a  basis  of  calculation. 

We  are  of  the  opinion  that  when  the  borrowing  capacity  of  the 
City  has  been  so  nearly  exhausted  as  it  appears  at  the  present 


45 

time  to  he,  whatever  borrowing  capaeit}'  remains  should  be  treated 
purely  as  a  factor  of  safety.  That  the  City  is  in  its  present  con- 
dition, and  that  the  borrowing  capacity  is  at  the  moment  so 
limited,  is  manifestly  due,  among  other  things,  to  the  fact  of  the 
City's  failure  to  collect  its  taxes  and  assessments.  There  was  due 
the  City  as  of  November  1st,  for  unpaid  taxes  and  assessments 
for  the  year  1000  and  prior  years,  the  following: 

Real  estate  taxes $U,418,708 

Special  franchise  taxes 17,1)04,830 

Personal  property  taxts o2,. '340,52 8 

Assessments  (to  date)  about JO, 000, 000 


$85,730,006 


There  should  be  no  doubt  about  the  coUec-tion  of  the  arrears  of 
real  estate  taxes. 

There  should  be  no  doubt  about  the  collection  of  part  of  the 
special  franchise  taxes,  but  how  much  is  entirely  problematical. 

It  is  impossible  to  say  how  much  of  the  personal  proj)erty  taxes 
can  ever  be  collected.  As  a  matter  of  fact,  during  the  past  year 
over  $9,000,000  of  personal  property  taxes  have  been  written  off 
the  books  as  uncollectable,  which  sum  is  not  included  in  the  fore- 
going figures. 

If  the  collectable  arrears  of  taxes  and  assessments  were  actually 
in  the  City  Treasury  at  the  present  moment,  the  City's  financial 
necessities  would  be  relieved  to  that  extent. 

All  of  which  is  respectfully  submitted, 

wiLLiA]\[  :m."^  IVINS, 

Chainnan,  Xew  York  Charter  Cojntnission. 
E.  R.  L.  GOULD, 

Chairman,  Cominiitcc  on  the  Debt  Limit. 
GEORGE  L.  DUVAL, 
GEORGE  McAXKXV, 
IIERMAX  A.  :METZ. 

('umjitroUrr. 


46 

New  YoiiK,  January  22,  1909. 

To   THK   Go\'KRrvOK  : 

Sir: 

Since  the  conmiunicatiun  to  you  of  the  New  York  Char- 
ter Commission's  Committee  on  Debt  Limit,  dated  December  12, 
1908,  we  have  made  a  further  investigation  of  certain  items  of 
the  City's  accounts,  and  the  result  bears  so  directly  upon  the 
matter  of  the  City's  borrowing  capacity  under  the  present  consti- 
tutional limitation  that  we  regard  it  our  duty  to  lay  the  facts  be- 
fore you  now,  while  constitutional  amendment  and  the  method  of 
calculating  the  City's  indebtedness  are  under  consideration. 

In  the  financial  statement  furnished  to  the  Charter  Commission 
by  the  Comptroller  in  June  last,  the  sum  of  $51,000,000  appeared 
as  uncollected  taxes  of  the  year  1904  and  years  prior  thereto, 
against  which  only  $9,000,000  of  revenue  bonds  were  outstanding, 
and  all  of  the  City's  obligations  for  appropriation  purposes  had 
apparently  been  discharged  except  as  to  some  $5,000,000  of  claims 
then  pending  and  in  process  of  adjudication.  Thus,  the  City  had 
used  $37,000,000  for  appropriation  purposes  which  was  derived 
from  some  undisclosed  source. 

It  was  attributed  by  the  Comptroller's  office  to  "  trust  funds, 
etc.,"  meaning  thereby  "  special  and  trust  funds,"  a  term  employed 
in  the  Department  to  describe  the  unexpended  credit  balances  of 
various  accounts,  but  no  more  specific  explanation  could  be  given 
without  an  exhaustive  examination  of  the  accounting,  extending 
back  over  many  years. 

For  obvious  i-easons  it  would  entail  much  additional  labor  and 
expense  to  take  as  a  basis  for  the  inquiry  an  intermediary  state- 
ment of  the  Comptroller,  such  as  that  of  May  31,  1908,  and  as  the 
same  purpose  will  be  served  by  taking  an  annual  statement  as  the 
basis,  we  have  taken  that  of  December  31,  1907  (say  January  1, 
1908).  We  treat  of  round  amounts  only,  as  that  will  suffice  to 
illustrate  the  facts  and  principles  to  which  your  attention  is  re- 
spectfully directed : 

Uncollected  Taxes,  Dec.  31,  1907 $102,800,000 

This  amount  included  an  estimate  of  Taxes  prob- 
ably uncollect  able,  which  amount  was  carried 
to  the  credit  of  a  provisional  account 3,500,000 


47 

Leaving  available  for  appropriation  piirpu.>es $99,300,000 

which  with  cash  in  the  Treasury  at  that  time.  .  .  .  7,500,000 


formed  a  total  of $106,800,000 

subject  to  deduction  for  warrants 
outstanding  against  the  City 
treasury $10,000,000 

for  claims  unsettled  partly  in  proc- 
ess of  adjudication $18,000,000 

$28,000,000 


So  that  the  City  had  Ur^t-d  fi»r  appropriation  pur- 
poses which  should  have  been  derived  from 
the  uncollected  taxes $7.^,800,000 

Against   this,   revenue  bonds   were  outstanding  to 

the  extent  of   5;},000,000 


The  City  had  thus  sj^ent  in  round  figures $•_>:., 800.000 

more  than  it  had  apparently  received,  and  it 
now  appears  that  this  deficiency  was  made 
good  by  the  use  of  Special  and  Trust  Funds 
as  follows: 

1.  Assessmint     Accounts  —  comprising    funds    ac- 

quired by  the  City  through  the  sale  of  bonds 
for  street  and  park  openings,  as  well  as  col- 
lections made  on  this  behalf  from  interests 
benefited $1.'.>00.000 

2.  Trust  Funds  proj)er,  including  a  bequest  to  the 

City  for  the  construction  of  a  fountain, 
various  intestate  estates  and  unclaimed  war- 
rants and  salaries 080,000 

3.  Special   Account,  including  deposits  made  with 

the  City  against  its  liability  for  restoring  and 
repaving  streets,  and  the  unliquidated  bal- 
ance of  the  TJrooklvn  water  fund :>,800.(X)0 


4.  Boroughs.-- The  balanrc  at  the  credit  of  this 
account  arises  from  the  assets  received  from 
the  several  TJorouiihs  at  the  time  of  consoli- 


48 

dation,  as  far  as  realized,  in  excess  of  the 
pa^Tuents  made  on  account  of  the  liabilities 
of  the  various  Boroughs  assumed  by  the  City. 
This  account  is  chargeable  with  the  interest 
upon  the  bonded  debt  of  the  different 
Boroughs,  and  to  some  extent  has  been 
charged  with  the  payment  of  the  maturing 
bonds.  This  practice,  however,  has  been 
variable,  and  both  the  principal  and  interest 
of  the  Borough  bonds  are  frequently  pro- 
vided for  by  taxation $1,500,000 

Excise  Funds. —  These  funds,  recovered  in  1907, 
after  the  payment  of  several  of  the  pension 
appropriations  chargeable  against  them  were 
carried  forward  into  the  following  year,  when 
after  further  deductions  for  the  teachers'  re- 
tirement fund,  etc.,  they  were  carried  into  the 
general  fund  for  the  reduction  of  taxation, 
but  in  the  meantime,  being  merged  in  the 
common  fund  in  the  City  Treasury,  were 
used  by  the  City  for  its  general  purposes.  ...  5,100,000 


$12,980,000 


6.  General   Fund    balance. —  Excess    of    collection 

over  the  estimated  revenues  which  were  de- 
ducted from  the  budget  of  1907,  which  until 
deducted  from  the  budget  of  the  following 
year  was  available  for  general  purjx)ses.  .  .  .  650,000 

7.  Bond   Accounts. —  Balance   unexpended   to   the 

credit  of  the  various  accounts  to  which  have 
been  allotted  the  proceeds  of  the  sale  of  bonds 
for  specific  purposes,  and  not  for  the  general 
purposes  of  the  Treasury 7,200,000 

8.  Bond  Accounts  unallotted. —  Being  balances  to 

the  credit  of  various  provisional  accounts,  the 
proceeds  of  sales  of  bonds  not  yet  allotted  to 
the  specific  account  to  which  they  belong.  .  .  .  4,800,000 


Total $25,630,000 


4".> 

(Note:  The  difference  between  this  total  and  that  of  $25,800,- 
000  given  above  is  accounted  for  by  the  fact  that  only  round 
amounts  are  dealt  with.) 

Some  part  of  the  $25,630,000  is  undoubtedly  a  surplus,  i.  e.,  a 
provision  has  been  made  for  the  use  of  many  of  the  several  ac- 
counts referred  to  in  excess  of  their  requirements.  To  the  extent 
of  such  surplus  the  use  of  those  funds  will  not  })ractically  affect 
the  statement  of  the  City's  debt,  but  it  is  impossible  to  determine 
to  just  what  extent  such  a  surplus  will  be  shown. 

It  would  seem  that  items  1,  2,  3,  4  and  7  are  such  as  not  only  to 
fall  within  the  spirit,  but  within  the  letter,  of  the  Constitution, 
and  should  be  treated  as  indebtedness  for  the  purposes  of  the  con- 
stitutional requirement.  They  aggi-egate  in  round  figures 
$13,580,000,  and  would  extinguish  the  margin  of  borrowing  ca- 
pacity as  shown  in  our  report  to  you  of  December  12,  1908,  as  of 
the  condition  of  the  City's  indebtedness  on  November  1,  1908. 

As  to  the  other  items,  there  may  be  some  doubt  as  to  their 
proper  treatment,  but  they  would  appear  to  be  properly  attribu- 
table to  the  sur])lus  above  referred  to. 

This  practice  of  keeping  in  a  common  fund  all  of  the  City's 
moneys,  from  whatever  source  derived,  and  making  all  disburse- 
ments from  that  fund,  is  responsible  for  the  conditions  above  set 
forth.  The  practice  dating  back,  however,  for  many  years,  has 
become  traditional,  but  on  November  12,  1904,  a  change  was  made 
in  the  method  of  bookkeeping  which  tends  to  further  confusion, 
and  has  resulted  in  the  deduction  since  that  time  from  the  state- 
ment of  the  City's  indebtedness  of  the  balance  of  unallotted  pro- 
ceeds from  the  sale  of  bonds.  Prior  to  November  12,  1904,  the 
practice  was  to  credit  directly  to  the  account  for  the  benefit  of 
which  the  bonds  were  issued  the  proceeds  of  their  sale.  This 
implied  either  a  separate  sale  of  a  part  or  the  whole  of  any  one 
issue  authorized,  or  the  immediate  allocation  of  the  proceeds  of  a 
general  sale  of  bonds.  The  credit  balances  formerly  apjvaring 
in  the  specific  accounts  to  which  the  proceeds  of  tlie  bonds  were 
credited  were  not  deducted  from  the  City  debt,  but  on  the  other 
hand  the  contract  and  land  liability  affecting  those  balances  was 
not  included  in  the  City  debt.  The  present  practice,  dating  from 
1904,  is  to  credit  the  proceeds  of  bond  sales  to  either  of  the  fol- 
lowing provisional  accounts: 

Proceeds  of  the  sale  of  Iwnds  for  various  municipal  purposes: 
Proceeds  of  the  sale  of  bonds  for  water  purposes ; 


50 

Proceeds  of  the  sale  of  bonds  for  rapid  transit  purposes ; 
Proceeds  of  the  sale  of  bonds  for  New  York  Public  Library 

The  three  accounts  first  named  each  cover  several  subdivisions, 
and  as  the  funds  are  required  by  either  subdivisions  an  allotment 
is  maae.  The  balances  unallotted,  whether  or  not  the  entire  con- 
tract and  land  liability  outstanding  against  them  be  included  as  a 
part  of  the  debt,  are  deducted  from  the  City's  debt  in  the  method 
of  computation  at  present  prevailing,  except  the  balances  at  the 
credit  of  "  water  purposes,"  because  the  bonds  for  those  purposes 
are  exempt  by  law  from  the  debt  limit.  It  is  apparent  that  such 
deduction  from  the  City  debt  may  at  any  time  be  excessive,  as- 
suming that  it  be  authorized  at  all.  As  a  matter  of  fact,  the  deduc- 
tion from  the  debt  on  December  31,  1907,  seems  to  have  been 
entirely  unwarranted,  as  it  was  not  represented  by  cash  in  the 
treasury.  At  that  time,  the  warrants  outstanding  against  the 
treasury  amount  to  some  $10,000,000  as  against  the  cash  balance 
of  $7,500,000,  or  an  overdraft  of  nearly  $2,500,000. 

All  of  which  is  respectfully  submitted, 

WILLIAM  M.  IVINS, 

Chairman,  New  Yo7-k  Charter  Commission, 
E.  R.  L.  GOULD, 

Chairman,  Committee  on  the  Debt  Limit. 
G.  L.  DUVAL. 
GEORGE  McANENY. 


APPENDIX  I. 


SYNOPSIS  OF  CHARTER. 


APPENDIX  L 


SYNOPSIS  OF  CHARTER. 


CHAPTER  I. 

Constitution,  Boundaries,  Boroughs,  Rights,  Powers,  Obligations 

and  Actions. 
Section    1.  The  city  continued  as  a  municipal  corporation. 

2.  The  corporate  name  and  corporate  powers  of  the  city. 

1.  To  taiie,  purchase  and  lease  real  and  personal  property. 

2.  To  take  real  and   personal   i)roj)erty   by  gift  or  bequest,  and 

to  agree  on  the  terms  and  conditions  with  the  grantor  or 
donor. 

3.  The  common  seal. 

4.  To  contract,  sue  and  be  sued. 

5.  To   have  all   powers   necessarily   implied  which   are  essential 

to  the  exercise  of  its  corporate  functions. 

6.  To  be  no  abridgment  of  the  rights,  powers  or  privileges  of 

the  city. 

3.  Powers  of  local  administration  and  government  vested  in  the  city. 

4.  The  legal  obligations  of  the  city  confirmed. 

5.  Definitions:   "city,"    "person,"    "officer,"    "employee,"    "council- 

man," "  franchise,"  "  street,"  "  Port  of  New  York,"  "  adminis- 
trative code,"  "  water  front  property." 
G.  City's    rights   and   title  in   water   front,   parks   and   streets    to   b« 
inalienable. 

7.  Franciiises;  how  granted. 

8.  Consents  and  agreements  to  the  exercise  of  franchises  to  be  made 

by  the  Board  of  Estimate  and  Apportionment. 

9.  Confirmation  of  grants  of  land  under  water. 

10.  Provisions  regarding  future  grants  of  land  under  water. 

11,  12.  Actions  against   the  city. 

13.  How  unexecuted  contracts  to  l>e  performed. 

14.  City  and  departmental  seals. 

15.  Borough  boundaries. 

CHAPTER  n. 
General  Provisions  Regarding  the  Duties  of  Officers. 

Section  16.  OfiTiccrs,  boards,  commissions  and  employees  declared  trustees. 

17.  Penalty  for  violation  of  trust. 

18.  Officers  or  employees   not  to  be   interested   in   contracts,   and   not 

to  be  stockholders  in  corporations  having  contracts  with  the  city. 
10.  No   expenses   to   be   incurred    until   the   appropriations   have   beeu 
made. 

20.  Expenditures   to   be   regulated    so   as   not   to   exceed   the   amount 

appropriated. 

21.  l.No  officer  or  employee  to  hold  any  other  public  office  or  emohi 

ment. 
2.  Or  to  he  trustee  in  bankruptcy,  receiver,  referee  or  commissioner 
in  couilenmation  pro(Teding>». 


IV 

Section  21.    3.  If  noniinated  for  elective  office  to  resign  from  the  city's  service. 

4.  Not  to  contribute  to  political  funds  or  be  members  of  organiza- 

tions created  for  the  purpose  of  eflFecting  legislation  in  their 
own  behalf. 

5.  Not  to  be  officers  of  political   committees  or   delegates   to  con- 

ventions. 

22.  Office  to  become  vacant  when  incumbent  removes  from  the  city  or 

from  the  borough  for  wliich  he  was  appointed. 

23.  Mayor,   president  of  council,  comptroller   and  borough   presidents 

to  be  removable  by  the  Governor. 

24.  Elective    officers    wlio    shall    have    been   removed    not    eligible    for 

reappointment  for  the  same  term. 

25.  In  case   of  vacancy,  persons   appointed  to   fill   the  office   to  be   of 

the  same  political  party  as  last  incumbent. 

26.  No  officer  or  employee  to  receive  fees  or  emoluments. 

CHAPTER  III. 
The  Council. 

Section  27.  Legislative  jmwer  vested  in  the  council. 

28.  The  president;  term  and  salary. 

29.  Vacancy  in  presidency;  how  filled. 

30.  Council,  how  composed;  its  organization;  heads  of  departments  to 

have  seats  in  council;  councilmen  to  serve  without  salaries. 

31.  Council   districts:     14   in  Manhattan,    11   in   Brooklyn.   6   in   The 

Bronx,  5  in  Queens  and  3  in  Richmond;  apportionment. 

32.  Councilmen;  when  and  how  elected. 

33.  Sessions  of  the  council. 

34.  General  powers  of  the  council. 

35.  Power  of  the  council  to  amend  administrative  code. 

36.  Ordinances;  how  passed. 

«7.  Ordinances;  passage  over  veto. 

38.  Present  ordinances  continued. 

39.  Ordinances  to  be  codified. 

40.  Council   not   to   alter   the   terms   of   contracts,   and   not   to   allow 

claims  against  the  city. 

41.  Powers  of  council  with  regard  to  budget  and  tax  levy. 

42.  Council  to  appoint  commissioners  of  deeds. 

43.  Council  may  appoint  special  committees  to  inevestigate  city  govern- 

ment, 

CHAPTER  IV. 
The  Executive. 

Section  44.  Executive  power  vested  in  the  mayor;  eligibility;  salary. 
4.T.  Mayor;  when  and  how  elected. 

4G.  When  the  president  of  the  council  shall  act  as  mayor;   powers  of 
the  president  of  the  council  wlien  acting  as  mayor. 

47.  The   duties  of   the  mayor. 

48.  The   mayor   to   appoint   heads    of   departments,    commissioners   of 

inquiry,  justices  of   Special   Sessions  and   city  magistrates,   an 
advisor}'  board  on  city  plan,  and  others. 

49.  Mayor  to  appoint  municipal  civil  service  commission. 

50.  Mayor  to  appoint  a  commissioner  of  inquiry. 

51.  List  of  administrative  departments. 


CHAPTER    V. 

Board  of  Estimate  and  Apportionment. 
Section  52.  Board,  liow  constituted. 

53.  Borough    presidents;    liow   elected;    how   removed;    vacancies,   how 

filled;    salaries. 

54.  Meetings  of  the  board  of  estimate  and  apportionment. 

55.  Borough    presidents    to    devote    their    e.vclusive    attention    to    ih.i 

duties  of  the  board  of  estimate. 
50.  \'otes  nquiied  for  |  as.sage  of  resolutions. 

57.  Bureau.s  in  liie  board  of  estimate: 

1.  Bureau  of  I'ublic  improvements  and  engineering, 

2.  Bureau  of  franchises, 

3.  Bureau  of  real  estate, 

4.  Jiureau  of  claims, 

5.  Bureau   of   salaries, 

G.  Bureau  of  statistics  and  publicity,  and 
7.  Bureau  of  supplies. 

58.  Powers  and  functions  of  bureaus. 

59.  Board  to  ti.\  all  salaries  and  comi)en8ations,  other  than  thai  of  dav 

laborer. 

60.  (il,62.  Tlie   budget;    how   made   and   what   to   provide   for. 

03.  What  moneys  to  be  paid  into  the  general  fund. 

04.  Powers  of  the  board  of  estimate  and  apportionment. 

65.  The  board  to  formulate  a  comprehensive  plan  of  development  and 

improvement. 

66.  Board  may  adjust  claims. 

67.  Board  to  designate  banks  of  deposit. 

08.  Board  to  prescribe  standard  in  all  classes  of  supplies. 

09.  To  require  oflicers  and  employees  to  file  undertakings. 

70.  To  prescril)e  general  rules  for  the  form  of  keeping  city  accounts, 

and  a  uniform  system  of  departmental  accounting. 

71.  To  determine  what  proportion  of  cost  of  local  improvements  shall 

be  borne  by  the  city. 

72.  To   publisli  a  quarterly  debt  limit  statement,  to  be  calculated  a? 

provided. 

73.  The  corporation  counsel  to  report  annually  to  the  board  of  esti- 

mate and  apportionment  a  list  of  condemnation  proceedings. 

CHAPTER   VI. 
The  Sinking  Funds. 

Section  74.   Board    of    sinking    fund    coniini-isioiHrs,    Ik.w    constitutcfl;    duties 
of  the  board. 

75.  l.ist  and  description  of  sinking  funds. 

76.  Sinking  fund  of  The  City  of  New  York  conlinued. 

77.  Revenues  payable  into  the  sinking  fund  of  The  City  of  New  York. 

78.  Sinking  fund  for  the  payment  of  interest. 

79.  1.  Provisions  for    sinking    funds    declared    to    constitute    contract 

between  the  city  and  its  creditors. 
2.  Sinking  fund  revenues  not  to  be  diverted. 

80.  Sinking  fund  not  to  b6  impaired. 

81.  Consolidated  stock  to  be  a  lien  on  the  sinking  fund. 

82.  Provisions  in  case  of  inadequacy  of  revenues  of  sinking  fvnd. 

83.  Power  of  commissioners  to  redeem  obligations  of  the  city 


CHAPTER  VII. 
Corporate  Stock,  Bonds  and  Obligations. 

Section  84.  Obligations  of  the  city  classified. 

85.  Twelve  votes  in  board  of  estimate  required  to  authorize  obliga- 

tions;   premiiuns   on  sale   of   such   obligations  to  be   paid   into 
general  fund. 

86.  Definition   of   different   classes   of   city   obligations,   and   the   pur- 

poses for  which  they  may  be  issued. 

87.  City  obligations  to  be  exempt  from  taxation. 
.  88.  Form  of  corporate  stock. 

89.  Interest  not  to  exceed  4  per  cent,  on  corporate  stock  or  5  par 

cent,  on  assessment  bonds. 

90.  Bonds  and  stock  of  the  city  to  be  sold  at  public  sale. 

91.  Registration  of  corporate  stock  and  bonds. 

92.  Assessment  bonds;  for  what  purposes  issued. 

93.  Street  and  park  opening  fund. 

94.  1.  Street  and  park  opening  assessment  bonds;  how  payable. 
2.  Awards;  how  payable. 

9.5.  Street  improvement  fund. 
9G.  Special   revenue   bonds. 

97.  Revenue  bonds. 

98.  General  fund  bonds. 


CHAPTER   VIII. 

Administrative  Departments. 

TITLE  I. 

General    Provisions. 

Section  99.  General  powers  of  heads  of  departments. 

1.  Board  of  estimate  and  apportionment  to  fix  salaries. 

2.  Heads   of   departments   to   make   deductions    for   absence. 

3.  No    officer    or    employee    to    be    removed    without   an    oppor- 

tunity of  being  heard. 

100.  1.  Appointment  of  deputies  to  act  in  absence  of  commissioners. 

2.  Appointment  of  borough  deputies. 

3.  Deputies  to  perform  duties  as  prescribed  by  heads  of   depart- 

ments. 

101.  When  officers  may  call  and  examine  witnesses. 

102.  Jurisdiction  and  powers  of  departments  continued;   heads  of  de- 

partments to  prescribe  duties  of  officers  and  employees,  and  to 
adopt  rules  and  regulations;  what  rules  and  regulations  con- 
tinued. 

103.  Board  of  estimate   and   apportionment  may   authorize   the   estab- 

lishment of  branch  offices  in  boroughs. 

104.  Pension  funds  continued. 

105.  Definitions. 


Vll 

TITLE  2. 
Finance   Department. 

Section  106.  The  comptroller;  eligibility,  election,  salary  and  bond. 

107.  Vacancy,   how  filled. 

108.  Comptroller  to  be  auditor  and  chief  disbursing  officer;  subject  to 

rules  of  the  board  of  estimate  and  apportionment,  to  prescribe 
forms  of  keeping  all  city  accounts. 

109.  Claims  requiring  comptroller's  certificate  before  payment. 

110.  Bureas: 

1.  Bureau  of  audit. 

2.  Bureau  of  accounts. 

3.  Bureau  of  disbursements. 

4.  Bureau  of  records. 


TITLE  3. 
The  City  Treasury, 

Section  111.  Chamberlain  to  be  city  and  county  treasurer;  to  pay  all  warrant*. 

112.  Bureaus: 

1.  Bureau  of  the  city  treasury. 

2.  Bureau   of   revenue,    the   head   of   which   shall   be   known   as 

receiver  of   taxes  and   revenues. 

3.  Bureau   of   licenses,   the   head   of  which   shall   be  known   as 

chief   of   the   bureau   of   licenses. 

113.  What    provisions   of   the   Code   of    Civil   Procedure   applicable   to 

chamberlain. 

114.  Duties  of  chamberlain  as  prescribed  by  general  >»*W9. 

TITLE  4. 

Tax   Department. 

Section  115.  Board  of  taxation;   liow  constituted. 
IIG.  Deputy  tax  conimis-^ioners. 

117.  Duties  of  tax  department. 

118.  Powers  of  tax  department. 

119.  The  assessment  roll  for  real  property. 

120.  The  assessment  roll  for  personal  property. 

121.  Form  of  assessment  rolls. 

122.  Assessment  rolls  to  be  open  to  inspection. 

123.  Applications  to  reduce  assessments. 

124.  When  the  department  may  reduce  or  cancel  assessments. 

125.  When  assessments  may  be  added  to  the  assessment  roll. 

126.  Certification  of  assessment  rolls  to  council. 

127.  Tax  roll. 

128.  Taxable  status  to  be  fixed  as  of  January  first  of  each  year. 

129.  Taxes  to  become  due  October  first  of  each  year. 

130.  Assessments  may  be  apportioned. 

131.  What  shall  In?  deemed  public  notice  of  assessments  lor   purposes 

of  taxation. 


TITLE  5. 
Law  Department. 

Sections  132,   l:io.  Tlie  corporation  counsel;   his  duties. 

134.  He  slial!  liave  i)o\ver  to  settle  actions  or  confess  judgment  not 

in  excess  of  !^1,C00. 

135.  First  assistant  corjjoration  counsel ;   duties  of. 

136.  Corporation  counsel  and  his  assistants  not  to   practice  law  ex 

cept  as  representing  the  city. 

137.  Bureaus. 

138.  Branch  office  in  Brooklyn. 

139.  Officers  and  employees  of  the  city  not  to  employ  private  counsel. 


TITLE  6. 
Police  Department. 

Section  140.  Police  commissioner;  eligibility,  term,  and  method  of  removal. 

141.  Commissioner  to  appoint  four  deputies;  their  duties. 

142.  Commissioner  to  appoint  a  trial  deputy;  his  duties. 

143.  Commissioner  to  make  rules,  orders  and  regulations  for  the  dis- 

cipline of  the  force. 

144.  Police   force   continued. 

145.  Bureaus. 

146.  Powers  of  the  commission-er. 

147.  Contingent  fund. 

148.  Duties   of   commissioner   ai-J   members   of   police   force    as    peace 

officers. 

149.  Power  to  arrest  without  warrant. 

150.  The  department  to  co-operate  with  the  other  departments. 

151.  Members  of  police  force  not  liable  to  military  or  jury  duty. 

152.  Resignation  of  members ;  absence  without  leave ;  fines  and  penalities. 

153.  1.  Penalty  for  neglect,  inefficiency,  violation  of  rules,  disobedience 

of  orders,  etc. 

2.  Notice  of  charges  to  be  given. 

3.  Commissioner  to  adopt  trial  rules,  to  be  approved  by  Appellate 

Division  of  Supreme  Court. 

4.  Trials;  how  conducted. 

5.  Place  of  trial. 

6.  Power  of  suspension  j)ending  trial. 

154.  Review  of  trials. 

155.  Age  of  retirement. 


TITLE  7. 
Health  Department. 

Section  156.  Health  commissioner  to  be  executive  officer. 

157.  Jurisdiction. 

158.  Duties. 

159.  Powers. 

160.  Bureaus. 

161.  162.  The  Sanitary  Code. 


IX 

Section  163.  Department  to  liave  cliarge  of  lios|)itai3  for  contagious  diseases. 

104.  Powers  of  dei)iirtnient  in  case  of  imminent  |)eril  to  public  health. 

165.  Power  to  destroy  adulterated  food. 

166.  Office  of  coroner  abolished. 

167.  Department  of  healtli  to  liave  exclusive  charge  of  autopsies  here- 

tofore  i)erformed   by  coroners. 

168.  Chief  medical  examiner  and  medical  examiners;  qualifications. 

169.  Duties  of  chief  medical  examiner  and  medical  examiners. 

170.  When  autopsies  to  be  performed  u[X)n  the  order  of  a  city  magis- 

trate. 

171.  When  inquest  to  be  held  by  city  maL'istrate. 

172.  Definition  of  "  lodi'in"  house." 


TITLE   8. 
Fire    Department 

Section  173.  General  duties  and  jurisdiction. 

174.  Powers  of  the  commissioner. 

175.  1.  Deputies. 

2.  Trials  of  members  of  tiie  fire  force. 

176.  Fire  force  continued  and  defined. 

177.  Bureaus. 

178.  Eligibility  of  members  of  the  fire  force. 

179.  Exemption  of  fire  force  from   military  and  jury  duty. 

180.  Conditions  of  resignation. 

181.  Trials  to  be  had  before  second  deputy. 

182.  Appeals  from  trial  by  deputy  commissioner. 

183.  Age  of  retirement. 


TITLE  g. 
Department  of   Education. 

Section  184.  Existing  board  of  education  abolished. 

185.  Rights,  powers  and  trusts  of  old  board  vested  in  new  board. 

186.  Schools  to  be  free. 

187.  All  educational  property  to  be  under  control  of  department. 

188.  Board   to  consist  of   fifteen   members;   appointment  and  term   of 

oflTice. 

189.  Vacancies,   how    tilled. 

190.  The  board  to  appoint  administrative  and  su|)ervising  stafT. 

191.  How   members   of   administrative   and   supervising   staff   may   be 

removed. 

192.  Powers   of   the   board. 

193.  Board    of    suporintondents. 

194.  Members  of   the   teaching   staff. 

195.  Appointments    and    promotions. 

196.  Board   to   report   to   State   Superintendent   of    Public   Instruction 

annually. 

197.  Board    shall    appoint    local    school    boards. 

198.  Proliibition   of   sectarian    teaching. 
199,200.  College   of  The   City  of  New   York. 
201.  Normal   College  of  The  City  of  New   York. 


TITLE  10. 
Department  of  Docks  and  Ferries. 

Section  202.  General  powers  of  commissioner. 

203.  Duty  of  commissioner  to  set  apart  water  front  and  wharf  property 

for  particular  purposes. 

204.  Commissioner  to  execute  ferry  leases. 

205.  Commissioner  to  operate  ferries. 

206.  Functions  and  powers  of  commissioner  with  regard  to  improve- 

ment of  water  front. 

207.  Definitions. 


TITLE  II. 
Park  Department. 

Section  208.  Park  board  continued.     Commissioners  and  their  duties. 

209.  General  jurisdiction. 

210.  Duties  of  park  commissioners. 

211.  Property  granted  or  donated  for  special  purposes  in  the  parks  to 

be  managed  in  accordance  with  the  terms  of  the  grant. 

212.  Control  of  the  Harlem  river  water  front  transferred  to  the  dock 

department. 

213.  Duties  of  commissioners  in  maintenance  and  control  of  parks. 

214.  Commissioners  to  continue  contracts  with  Metropolitan  Museum 

of  Art,  American  Museimi  of  Natural  History,  and  other  institu- 
tions in  parks  in  all  boroughs. 


TITLE  12. 
Department  of  Water  Supply. 

Section  215.  General  jurisdiction  of  the  commissioner. 

216.  Powers  of  the  commissioner. 

217.  Power  of  the  commissioner  to  contract. 

218.  Duties  of  the  commissioner. 

219.  For  what  commissioner  shall  be  responsible. 

220.  Reservoirs  to  be  subject  to  sanitary  regulations. 

221.  Powers  of  State  Water  Supply  Commission  not  impaired. 

222.  Office  of  aqueduct  commissioner  abolished. 

223.  Powers  of  commissioner  of  water  supply,  gas  and  electricity  with 

respect  to  water  supply  continued. 

TITLE  13. 

Department  of  Street  Control. 

Section  224.  Jurisdiction  and  powers  of  commissioner. 

225.  Commissioner  to  have  no  jurisdiction  over  park  or  water  front 

property. 

226.  When    commissioner    authorized    to    grant    permission    to    open 

streets. 

227.  Department  of  street  cleaning  abolished. 


I 


Section  228.  Bureaus: 

1.  Bureau  of  street   cleaning. 

2.  Bureau  of  highways. 

3.  Bureau  of  sewers. 

4.  Bureau  of  gas  and  electricity. 
•5.  Bureau  of  public  buildings. 

G.  Bureau  of  incumbrances. 

229.  Employees  exempt  frum  military  and  jury  duty. 

230.  Contracts  for  removal  of  ashes  and  garbage. 

231.  Street  pavements  and  surfaces  not  to  be  disturbed. 

232.  Sewage  disposal  works. 

233.  Commissioner  to  employ  consulting  engineer. 

TITLE   14. 
Bridge  Department. 
Section  234.  General  jurisdiction  and  powers. 
235.  ]5ridges  to  be  public  highways. 

TITLE   15. 
Building  Department. 

Section  23G.  The  conunissioner ;  qualifications  and  general  jurisdiction. 

237.  ]Jorough   bureaus. 

238.  Powers. 

239.  Power  of  commissioner,  deputies  and  superintendents  to  enter  and 

inspect   buildings. 

240.  Powers    with    regard    to    ordinance    relating   to    construction    of 

buildings. 

241.  Powers  of  superintendent  of  buildings  in  the  matter  of  construc- 

tion and  materials;  appeals  from  decision  of  the  superintendenf. 

242.  Onicers  and  cmployoea  of   the  department  not  to  be  engaged  in 

certain   businesses. 

TITLE   16. 
Tenement   House   Department. 

Sections  243,  244.  Duties  of  commissioner. 
245.  Bureaus. 
24(!.  Borough  oflicers  and  bureaus. 

247.  Powers  of  commissioner  over  tenement  houses  infected  with  con- 

tagious diseases. 

248.  When  commis.^ioner  may  condemn. 

249.  Definitions. 

TITLE   17. 
Charities  Department. 
Section  250.  General  jurisdiction  and  duties  of  the  comratesioner. 

251.  When  commissioner  may  receive  and  treat  nonresidents  in  ptiblic 
institutions. 


252.  Commissioner  to  have  charge  and  control  of  hospitals,  almshouse? 
etc.  ' 

253.  Visitatoria: 

254.  Definitions. 


etc. 
253.  Visitatorial  powers  of  the  commissioner 


TITLE   i8. 
Department  of  Corrections. 

Section  255.  General  jurisdiction  and  powers  of  the  commissioner. 

256.  Penitentiary  to  be  removed  to  Riker's  island. 

257.  Jurisdiction  of  commissioner  over  Riker's  and  Hart's  islands. 


TITLE   19. 
Bellevue  and  Allied  Hospitals. 

Section  258.  Board  of  trustees  continued. 

259.  Board;  how  constituted  and  appointed. 

260.  Powers  and  duties  of  the  board. 

201.  When  nonresidents  may  be  treated  in  hospitals  under  jurisdiction 

of  the  board. 

202.  When  patients  may  be  transferred  to  the  care  of  the  charities 

commissioner. 

263.  Bellevue  Training  School  for  Nurses. 

264.  Medical  boards;  how  constituted. 


CHAPTER  IX. 

Assessments  for  Local  Improvements,  and  Awards  for 
Changes  of  Grade. 

Section  265.  Assessment  defined. 

266.  Board;  how  constituted. 

267.  Duties   of   board. 

268.  Limit  of  assessment;  for  what  assessments  shall  not  be  imposed. 
209.  Board  of  revision,  and  powers  of  board. 

270.  Suits  to  vacate  assessments. 

CHAPTER  X. 
Local  Boards. 

Section  271.  Local   improvement  boards;   how  constituted. 
272,  273,  274,  275.  Powers   of  local  boards. 


CHAPTER    XL 
Acquisition  of  Real  Property  for  Public  Purposes. 

Section  270.  Real  ])roperty  to  be  acquired  only  on  approval  of  board  of  esti- 
mate, for  public  purposes. 

277.  Board  of  estimate  to  prescribe  general  rules  for  the  purchase  of 

real  property  for  public  purposes. 

278.  How  property  shall  be  acquired  for  public  purposes. 

279.  When  title  shall  pass  to  the  city. 

280.  How  awards  shall  be  collected  against  the  city. 

281.  Definition  of  "real  property." 


CHAPTER  XII. 

Municipal  Civil  Service  Commission. 

Section  282.  All  a|)|)oiiUinent8  of  persons  in  the  public  service  to  be  made  ia 
accordance  with  the  provisions  of  the  Civil  Service  Law. 

283.  Powers  of  municipal  civil  service  commission. 

284.  No  salaries  to  be  paid  except  on  certificate  of  civil  service  com- 

mission. 

285.  Officers  and  employees  of  doparlnicnts  abolislied  to  be  placed  on 

reserve  list. 


CHAPTER  XIII. 
Inferior  Local  Courts. 


TITLE   I. 

The  Civil  Courts. 

Section  2S().  City  Court  continued. 
287.  Municipal  courts. 

TITLE   2. 

Criminal  Courts. 

Section  288.  The  city  divided  into  two  divisions. 

289.  Court  of  Special  Sessions  and  City  Magistrates'  Courts  for  eac 

division  continued. 
200.  Xunibor  of  justices  in  oaoli  division. 
291.  Salaries  and  terms. 


CHAPTER  XIV. 
Art  Commission. 

Section  292.  How  constituted. 

293.  Vacancies,  how  filled. 

294.  Members  to  serve  without  compensation. 

295.  296.  When    approval   of   the   commission   required    in    respect    of 

works  of  art. 


APPENDIX  II. 


AN  ACT  to  provide  a  charter  for  The  City  of  New  York. 


APPENDIX  II. 


AN  ACT  to  provide  a  charter  for  The  City  of  New  York. 
CHAPTER  I. 

Constitution,  Boundaries,  Boroughs,  Rights,  Powers, 
Obligations  and  Actions. 

The  People  of  the  Slate  of  Neiv  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1,  The  City  of  Xew  York  as  constituted  immediately 
prior  to  the  time  this  act  takes  effect  is  continued  as  a  municipal 
corporation  with  its  then  existing  territory  and  boundaries.  This 
act  may  be  cited  by  the  short  title  "  The  Xew  York  City  Charter." 

§  2.  The  corporate  name  of  the  city  shall  continue  to  be  "  The 
City  of  New  York/'  and  under  that  name  the  citizens  of  the 
state  of  New  York  from  time  to  time  inhabitants  of  the  terri- 
tory comprised  within  the  boundaries  of  the  city,  shall  continue 
to  be  a  body  politic  and  corporate  and  a  municipal  corporation 
in  perpetuity,  in  law  and  in  fact,  with  power  of  perpetual  suc- 
cession, subject  to  all  existing  legal  obligations,  without  diminu- 
tion or  enlargement,  and  with  all  of  the  rights,  properties,  inter- 
ests, claims,  demands,  grants,  powers,  duties,  privileges  and 
jurisdictions  now  held  by  The  City  of  New  York.  Subject  to 
the  provisions  of  this  act,  the  city  shall  have  power : 

1.  To  take,  purchase,  hold,  lease,  sell  and  convey  such  real 
and  personal  property  as  the  purposes  of  the  corporation  may  re- 
quire ; 


2.  To  take  by  gift,  grant,  bequest  and  devise ;  to  hold  real  and 
personal  property  absolutely  or  in  trust  for  any  public  use,  in- 
cluding education,  art,  ornament,  health,  charity  or  amusement, 
parks,  gardens,  or  the  erection  of  statues,  monuments,  buildings 
or  other  structures  upon  such  terms  or  conditions  as  may  be  pre- 
scribed by  the  gi-antor  or  donor  and  as  may  be  accepted  by  the 
city;  and  to  provide  for  the  proper  administration  of  such  prop- 
erty; 

3.  To  have,  use  and  alter  the  common  seal ; 

4.  To  contract  and  be  contracted  with,  to  sue  and  be  sued,  and 
to  institute,  prosecute,  maintain  and  defend  any  action  or  pro- 
ceeding ; 

5.  To  have  and  exercise  all  rights,  privileges  and  jurisdiction 
essential  to  the  proper  exercise  of  its  corporate  functions,  includ- 
ing all  that  may  necessarily  be  incident  to,  or  implied  from  the 
powers  specifically  conferred  upon  the  city ; 

6.  To  have  and  exercise  all  rights,  privileges,  functions  and 
powers  prescribed  under  existing  or  subsequent  laws.  Nothing 
herein  contained  shall  be  construed  to  limit  or  abridge  any  of  the 
rights,  powers  or  privileges  possessed  by  the  city  at  the  time 
this  act  takes  affect,  all  of  which  are  hereby  continued  and  con- 
firmed. 

§  3.  All  powers  of  local  administration  and  government  within 
the  territory  comprised  within  the  city  shall  be  in  and  be  exer- 
cised by  The  City  of  'New  York.  Except  as  herein  otherwise  pro- 
vided, the  council  as  in  this  act  constituted  shall  exercise  all  the 
powers  vested  in  the  corporation  of  The  City  of  New  York. 

§  4.  All  valid  and  lawful  charges  and  liabilities  now  existing 
against  The  City  of  New  York  as  constituted  at  the  time  this 
act  takes  effect,  shall  be  defrayed  and  answered  unto  by  the 
city  only  to  the  extent  to  which  The  City  of  New  York  as  con- 
stituted at  the  time  this  act  takes  effect  would  have  been  bound, 
if  this  act  had  not  been  passed. 

1.  All  bonds,  stocks,  contracts  and  obligations  of  the  municipal 
and  public  corporations  and  parts  thereof  united  and  consolidated 
by  chapter  three  hundred  and  seventy-eight  of  the  laws  of  eighteen 
hundred  and  ninety-seven,  and  the  acts  amendatory  thereof  to  form 
The  City  of  New  York,  which  in  said  acts  were  declared  to  be 
obligations  of  The  City  of  New  York  and  which,  at  the  time 
this  act  takes  effect,  exist  as  legal  obligations  of  said  city,  shall 
be  deomen  like  obligations  of  the  city  as  herein  continued ;  and 
all  sucjr    obligations  as  are  authorized  or  required  hereafter  to 


be  issued  or  entered  into  shall  be  issued  or  entered  into  by  or  in 
the  name  of  the  corporation  of  The  City  of  Xew  York. 

2.  All  laws  or  parts  of  laws  heretofore  passed  creating  any  debt 
or  debts  of  the  said  municipal  and  public  corporations  and  parts 
thereof,  or  providing  for  or  relating  to  the  payment  of  such  debts, 
and  every  such  law  respecting  the  debts  of  The  City  of  X<  w  York 
as  constituted  immediately  prior  to  the  time  this  act  takes  effect, 
shall  remain  in  full  force. 

3.  All  pledges,  taxes,  assessments,  sinking  funds  and  other  rev- 
enues and  securities  heretofore  provided  by  law  for  the  payment  of 
any  and  all  debts  of  the  city,  shall  be  enforced,  maintained  and 
carried  out  by  the  city  in  good  faith.  So  far  as  taxation  may  be 
authorized  to  pay  such  debts  or  any  of  tlum,  it  shall  extend 
equally  throughout  the  city,  except  that  all  assessments  for  b(netits 
heretofore  laid,  or  provided  to  be  laid,  for  the  payment  of  any 
portion  of  such  debts,  shall  be  preserved  and  enforced. 

§  5.  Unless  otherwise  expressly  stated,  whenever  used  in  this 
act: 

1.  "  City  "  means  The  City  of  Xew  York  as  continued  by  this 
act; 

2.  "  Person  "  includes  a  natural  person,  corporation,  company, 
association,  joint  stock  association,  firm  and  copartnership; 

3.  "  Ofiicer "  includes  all  persons  elected  to  office  by  the 
qualified  voters  of  the  city  or  any  division  thereof;  the  heads  of 
departments  and  their  deputies;  the  members  of  the  board  of  edu- 
cation and  of  all  other  boards  and  commissions  appointed  by  the 
mayor;  the  commissioner  of  inquiry  and  his  deputies;  the  several 
assistant  corporation  counsel;  the  superintendents  of  buildings; 
the  superintendent  of  police;  the  members  of  the  local  school 
boards  and  of  the  administrative  and  supervising  staffs  of  the 
board  of  education  named  in  section  one  hundred  and  ninety 
hereof,  other  than  the  persons  therein  referred  to  as  employees; 
the  city  clerk,  the  cliief  of  the  fire  department,  and  their  depu- 
ties; the  chiefs  of  bureaus;  the  justices  of  the  courts  of  special 
sessions  and  city  magistrates.  The  board  of  estimate  and  appor- 
tionment may  by  resolution  designate  any  other  person  an  officer, 
and  when  so  designated,  such  person  shall  be  deemed  an  officer 
within  the  meaning  of  this  section ; 

4.  "  Employee  "  includes  every  person  other  than  an  officer  as 
hereinabove  defined  whose  salary  or  compensation  is  paid  out  of 
the  city  treasury ; 


5.  "  Councilman  "  means  a  member  of  the  council  other  than 
the  president ; 

6.  "  Franchise "  means  any  privilege,  consent  or  agreement 
to  use  the  streets,  parks,  waters,  waterways,  rivers,  the 
water  front,  and  land  thereunder,  or  any  public  ground 
or  water  which  is  within  or  belongs  to  the  city,  or 
any  of  them  or  any  part  thereof,  for  the  construction,  operation, 
or  maintenance  in,  along,  upon,  acro:s,  above  or  under  the  surface 
thereof  of  railroads,  conduits,  subways,  pipes,  and  all  and  any  other 
means  of  carriage,  transportation  or  conveyance  upon  a  fixed  route, 
of  persons  or  property,  including  any  product,  water,  oil,  gas, 
steam,  air,  electricity  or  other  fluid,  element  or  elements,  telegraph 
or  telephone  lines ;  also  ferries,  bridges,  tunnels  or  other  means  of 
conveying  passengers  or  property  upon,  above,  across  or  under  any 
of  the  waters  or  waterways  within  the  territorial  limits  of  the 
city.  "  Franchise  "  as  herein  defined  shall  not  be  deemed  to  in- 
clude a  license  or  permission  or  privilege  to  motors,  automobiles, 
cabs,  carriages,  hacks,  trucks  or  other  vehicles  for  the  transporta- 
tion of  persons  or  property  plying  for  hire  in  the  streets  and  not 
following  a  fixed  route  or  routes ; 

7.  ''  Street "  includes  avenue,  road,  alley,  lane,  highway,  boule- 
vard, concourse,  driveway,  bridge,  tunnel,  subway,  parkway,  and 
every  class  of  public  road,  square  and  place,  except  marginal 
wharf ; 

8.  "  Port  of  iSTew  York  "  includes  all  the  waters  of  the  iRorth 
river  and  the  East  river  and  the  harbor  embraced  within,  adjacent 
to  or  opposite  the  shores  of  the  city ; 

9.  "  Administrative  code "  means  the  administrative  code  of 
The  City  of  J^ew  York  enacted  by  the  legislature ; 

10.  "  "Water  front  property "  means  all  the  wharf  property, 
marginal  wharves,  wharves,  piers,  docks,  bulkheads,  slips  and 
basins,  and  the  waters,  land  under  water,  upland  and  made  land 
adjacent  thereto,  within  the  city,  together  with  the  easements, 
uses,  reversions,  rights,  privileges  and  appurtenances  belonging 
to  the  same ;  excepting : — 

(a)  Such  upland  or  made  land  as  constitutes  a  highway; 

(b)  The  driveway  authorized  by  chapter  one  hundred  and 
two  of  the  laws  of  eighteen  hundred  and  ninety-three  and  acts 
amending  the  same;  or 

(c)  Such  lands  as  have  been  or  shall  be  acquired  for  public 
parks. 

§  6.  The  rights  and  title  of  the  city  in  and  to  its  water  front 


property,  ferries,  public  landings,  parks,  streets  and  the  land 
thereunder,  and  all  other  public  places  and  real  proix-rty,  are 
hereby  continued  in  the  city,  and  are  declared  to  be  inalienable 
excej)!  as  in  this  act  otherwise  expressly  provided. 

§  7.  Xo  franchise  or  right  to  use  the  streets,  waters  or  rivers 
of  the  city,  or  any  part  of  or  lands  under  said  streets,  waters 
or  rivers,  shall  be  granted  under  the  authority  of  this  act  to  any 
person  or  corporation  for  a  longer  period  than  twenty-five  years, 
except  as  herein  provided,  but  a  grant  may,  at  the  option  of  the 
city  provide  for  giving  to  the  grantee  the  right  on  a  fair  revaluation 
or  revaluations  to  renewals  not  exceeding  in  the  aggregate  twenty- 
five  years.  Nothing  herein  contained  shall  apply  to  consents 
granted  to  tunnel  railroad  corporations,  nor  to  grants  made  pur- 
suant to  the  rapid  transit  act,  chapter  four  of  the  laws  of  eighteen 
hundred  and  ninety-one  or  the  acts  amendatory  thereof.  The 
board  of  estimate  and  apportionment  is  hereby  authorized,  in  its 
discretion  to  grant  a  franchise  or  right  to  any  railroad  corporation 
to  use  any  of  the  streets,  waters  or  rivers  for  the  construction  and 
operation  of  a  tunnel  railroad  underneath  the  surface  thereof  for 
any  period  not  exceeding  fifty  years,  and  any  such  grant  may  at 
the  option  of  the  city  provide  for  giving  to  the  grantee  the  right,  on 
a  fair  revaluation  or  revaluations,  to  renewals  not  exceeding  in 
the  aggregate  twenty-five  years,  provided,  however,  that  any  grant 
to  construct  a  tunnel  railroad  or  renewal  thereof,  shall  only  be 
made  after  an  agreement  shall  have  been  entere<l  into  by  such  a 
timnel  corporation  to  pay  to  the  city  at  least  three  per  centum  of 
the  net  profits  derived  from  the  use  of  any  tunnel  which  it  shall 
construct,  after  there  shall  have  first  been  retained  by  such  com- 
pany from  such  net  profits  a  sum  equal  to  five  per  centum  upon  the 
sum  expended  to  construct  such  tunnel.  At  the  termination  of  any 
franchise  or  right  granted  by  the  board  of  estimate  and  apjxtrtion- 
ment  all  the  rights  or  property  of  the  grantee  in  the  streets,  waters 
or  rivers  shall  cease  without  compensation.  Every  grant  of  a 
franchise  and  every  contract  made  by  the  city  in  pursuance  thereof 
shall  provide,  either  that  upon  the  termination  of  the  franchise 
or  right  granted  by  the  l)oard  of  estimate  and  apportionment  the 
plant  of  the  grantee,  with  its  appurtenances,  shall  Ix^  and  become 
the  property  of  the  city  without  further  or  other  compensation  to 
the  grantees;  or  that  upon  such  termination  there  shall  be  a  fair 
valuation  of  the  plant  which  shall  be  and  become  the  property  of 
the  city  on  the  termination  of  the  contract  on  paying  the  grantee 
such  valuation.     Tf  bv  virtue  of  the  grant  or  contract  the  plant  is 


to  become  the  city's  without  money  payment  therefor,  the  city  shall 
have  the  option  either  to  take  and  operate  the  said  property  on  its 
own  account,  or  to  lease  the  same  for  a  term  not  exceeding  twenty 
years.  If  the  original  grant  shall  provide  that  the  city  shall  make 
payment  for  the  plant  and  property,  such  payment  shall  be  at  a 
fair  valuation  of  the  same  as  property,  excluding  any  value  derived 
from  the  franchise;  and  if  the  city  shall  make  payment  for  such 
plant,  it  shall  in  that  event  have  the  option  either  to  operate  the 
plant  and  property  on  its  own  account,  or  to  lease  the  said  plant 
and  property  and  the  right  to  the  use  of  streets  and  public  places 
in  connection  therewith,  for  limited  periods,  in  the  same  or  similar 
manner  as  it  leases  the  ferries  and  docks.  Every  grant  shall  make 
adequate  provision  by  way  of  forfeiture  of  the  grant,  or  otherwise, 
to  secure  efficiency  of  public  service  at  reasonable  rates,  and  the 
maintenance  of  the  property  in  good  condition  throughout  the  full 
term  of  the  grant.  The  grant  or  contract  shall  also  specify  the 
mode  of  determining  the  valuation  and  revaluations  therein  pro- 
vided for. 

§  8.  Every  consent  or  agreement  to  the  exercise  of  a  franchise 
shall,  unless  otherwise  expressly  provided  by  law,  be  by  resolu- 
tion of  the  board  of  estimate  and  apportionment ;  and  the  contract 
for  the  exercise  of  the  franchise  shall  be  executed  by,  or  on  the 
authority  of,  the  board,  which  shall,  as  the  local  authority  having 
control  thereof,  have  the  exclusive  power,  to  consent,  in  behalf 
of  the  city,  to  the  use  of  the  streets  or  any  portion  thereof  for 
any  purpose  specified  in  subdivision  six  of  section  five. 

§  9.  To  the  end  that  the  city  may  be  enabled  to  make  needful 
provisions  for  the  navigation,  intercourse  and  commerce  of  the 
city,  and  adequately  to  develop  and  secure  the  same  now  and 
in  the  future,  it  shall  have  the  control  as  in  this  act  provided, 
of  the  water  front  of  the  entire  city,  subject,  however,  to  the  rights 
of  private  owners  of  property,  and  also  power  to  establish,  construct, 
acquire,  own,  maintain  and  enjoy  all  ferries,  public  wharves,  docks, 
piers,  bulkheads,  basins,  slips,  streets,  approaches  and  spaces,  and 
all  other  public  structures,  adjuncts  and  facilities  necessary  or 
proper  for  the  navigation,  intercourse  and  commerce,  foreign  and 
domestic,  of  the  city.  To  these  ends,  in  addition  to  all  grants  here- 
tofore made,  there  is  hereby  granted  in,  fee  and  confirmed  to  the 
city  in  all  the  public  streams,  rivers,  sounds,  bays  and  waters  of  all 
descriptions  at  any  and  all  places  within  or  adjoining  the  limits  of 
the  city,  all  and  singular  the  property,  estate,  right,  title  and  inter- 
est of  the  people  of  the  state  of  New  York,  in,  to,  of  and  concerning 


such  lands  and  soil  covered  bj  water,  as  are  embraced  within  the 
projected  boundary  lines  of  any  street  intersecting  the  shore  line, 
and  which  street  is  in  public  use  or  which  may  be  hereafter  opened 
for  public  use,  extending  from  high  water  mark  out  into  said 
streams,  rivers,  sounds,  bays  and  waters  so  far  (any  limits  in  exist- 
ing grants  to  the  contrary)  as  the  city  shall  now  or  at  any  time  here- 
after, in  the  opinion  of  its  board  of  estimate  and  apportionment, 
require  the  same  for  ferries,  public  wharves,  docks,  piers,  bulk- 
heads, basins,  slips  or  other  public  structures,  adjuncts  and  facili- 
ties for  navigation  and  commerce,  including  the  right  for  such 
purposes  to  reclaim  such  lands  from  said  waters,  and  including, 
also  all  riparian  rights,  and  all  rents,  issues  and  profits  of  the 
premises  herein  granted.  The  commissioners  of  the  land  oflfice 
shall  from  time  to  time  convey  or  patent  the  lands  herein  granted 
to  the  city  for  said  purposes,  as  and  whenever  required  by  the 
board  of  estimate  and  apportionment. 

§  10.  Grants  of  land  under  water  within  the  city  shall  be  made 
only  to  the  city  or  to  the  riparian  proprietor;  but  no  grant  shall 
be  made  to  the  riparian  proprietor  without  the  consent  of  the  city, 
acting  through  the  board  of  estimate  and  apjx)rtionnient.  Every 
grant  to  the  city  shall  be  subject  to  all  the  rights,  if  any,  of  the  ri- 
parian proprietor,  and  before  the  city  shall  construct  any  wharf 
or  other  structure  in  front  of  the  land  of  such  proprietor,  it  shall 
make  just  compensation  to  him  for  the  value  of  such  rights. 
Whenever  application  shall  be  made  by  a  riparian  proprietor  to 
the  commissioners  of  the  land  office  for  a  grant  of  land  under 
water  within  the  city,  said  commissioners  shall  forthwith  give 
notice  thereof  to  the  board  of  estimate  and  ap|X)rtionment,  which, 
within  thirty  days  thereafter,  shall  notify  the  commissioners 
whether  or  not  it  will  consent  to  such  grant.  If  said  board  shall 
consent  to  such  grant,  it  shall  notify  said  commissioners  of  the 
terms  and  conditions  ujwn  which  its  consent  will  l>c  given,  and 
such  grant  shall  Ix^  made  only  u{x>n  such  terms  and  conditions. 
The  action  of  the  commissioners  of  the  land  office  upon  or  in 
connection  with  any  such  application  shall  l>e  subject  to  judicial 
review  in  a  proper  proceeding  brou^ght  by  and  in  the  name  of 
the  city  or  the  riparian  proprietor. 

§  11.  Xo  action  shall  be  maintained  against  the  city  for  the 
recovery  of  a  sum  of  money  unless  it  shall  be  specifically  alleged 
in  the  complaint  or  moving  papers  that  at  least  sixty  days  have 
elapsed  without  adjustment  or  payment  since  the  presentation 
to  the  board  of  estimate  and  apportionment  of  the  demand,  claim 


or  claims  upon  wliicli  such  action  is  founded.  Where  the  cause 
of  action  shall  have  accrued  after  the  passage  of  this  act,  no  ac- 
tion for  damages  for  injuries  to  persons  or  to  real  or  personal 
property  or  for  the  destruction  thereof,  alleged  to  have  been  sus- 
tained by  reason  of  the  negligence  of  the  city,  or  the  creation 
or  maintenance  of  a  nuisance  by  it  or  any  of  its  officers  or  em- 
ployees, shall  be  maintained  against  the  city  unless  the  action 
shall  have  been  commenced  within  one  year  after  the  cause  of 
action  shall  have  accrued,  and  unless  notice  of  the  intention  to 
commence  the  action,  and  of  the  time  when  and  place  where  the 
damages  were  incurred  or  sustained,  together  with  a  verified 
statement  showing  in  detail  the  property,  if  any,  alleged  to  have 
been  damaged  or  destroyed,  and  the  value  thereof,  shall  have  been 
filed  with  the  board  of  estimate  and  apportionment  and  with  the 
corporation  counsel,  within  six  months  after  the  cause  of  action 
shall  have  accrued. 

§  12.  All  actions  wherein  the  city  is  a  party  defendant  shall, 
subject  to  the  powers  of  the  court  to  change  the  place  of  trial  in 
the  cases  provided  by  law,  be  tried  in  the  coimty  in  which  the 
cause  of  action  arose,  or  in  the  county  of  New  York. 

§  13.  All  existing  and  unexecuted  contracts  made  by  any  de- 
partment or  officer  whose  functions  are  transferred  by  this  act, 
shall  be  executed  by  the  department  or  officer  to  whom  such  func- 
tions are  transferred ;  and  nothing  herein  contained  shall  affect 
any  existing  obligation  or  contract. 

§  14.  Where  a  department  has  occasion  to  use  a  seal,  it  shall 
use  the  common  seal  of  the  city  with  the  title  of  the  department 
inserted  therein;  and  the  courts  shall  take  judicial  notice  of  the 
city  and  depaitmental  seals. 

§  15.  The  City  of  New  York  shall  continue  to  be  divided  into 
five  boroughs,  designated  Manhattan,  The  Bronx,  Brooklyn, 
Queens  and  Richmond;  the  boundaries  whereof  shall  be  as 
follows : 

1.  The  borough  of  Manliattan  shall  consist  of  all  that  portio/i 
of  the  county  of  New  York  now  or  formerly  known  as  ]\Ianhattan 
island,  Nuttin  or  Governor's  island,  Bedloe's  island,  Bucking  or 
Ellis  island,  the  Oyster  islands,  and  also  Blackwell's  island, 
Randall's  island  and  Ward's  island ; 

2.  The  borough  of  The  Bronx  shall  consist  of  all  that  portion 
of  the  county  of  New  York  lying  northerly  or  easterly  of  the  bor- 
ough of  Manhattan,  between  the  Hudson  river  and  the  East 
river  or  Long  Island  sound,  including  the  several  islands  belong- 


ing  to  the  county  of  Xew  York,  not  included  in  the  borough  of 
Manhattan; 

3.  The  borough  of  Brooklyn  shall  consist  of  the  territory  know-n 
as  Kings  county ; 

4.  The  borough  of  Queens  shall  consist  of  the  territory  known 
as  Queens  county; 

5.  The   borough   of  Richmond   shall    consist   of   the   territory 
known  as  Richmond  county. 


CHAPTER  II. 

General  Provisions  Regarding  the  Duties  of  Officers 
and  Employees. 

Section  16.  All  officers,  boards,  commissions  and  employees 
are  hereby  declared  trustees  of  tke  property,  funds  and  effects  of 
the  city  so  far  as  such  property,  funds  and  effects  are  or  may  be 
committed  to  their  management  or  control,  and  every  taxpayer 
who  shall  pay  taxes  to  the  city  is  hereby  declared  to  be  a  cestui 
que  trust  in  respect  to  the  said  propei-ty,  funds  and  effects.  Any 
cotrustee  or  any  cestui  que  trust  shall  be  entitled  as  against  said 
trustee.?  and  in  regard  to  said  property,  funds  and  effects,  to  all 
the  rights,  remedies  and  privileges  provided  by  law  for  any  co- 
trustee or  cestui  que  trust  and  to  maintain  an  action  to  prevent 
waste  and  injury  to  any  property,  funds  and  estate  held  in  trust. 
Such  trustees  are  hereby  made  subject  to  all  the  duties  and  re- 
sponsibilities imposed  by  law  on  trustees,  and  such  duties  and 
responsibilities  may  be  enforced  by  the  city,  or  by  any  cotrustee 
or  cestui  que  trust.  The  remedies  herein  provided  shall  be  in  ad- 
dition to  those  now  provided  by  law. 

§  17.  Any  officer  or  employee  who  shall  wilfully  violate  or 
evade  any  provision  of  law,  or  by  gross  or  culpable  neglect  of  duty 
allow  any  public  property  to  be  lost  to  the  city,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  in  addition  to  the  penalties  imposed 
by  law,  shall  on  conviction  forfeit  his  office  or  employment,  and 
shall  be  disqualified  from  holding  office  or  employment  under  the 
city  government. 

§  18.  ISTo  officer  or  employee  of  the  city  shall  be  or  become  in- 
terested, directly  or  indirectly,  as  contracting  party,  partner, 
stockholder  or  otherwise,  in  any  contract,  work  or  business,  or  in 
the  performance  or  conduct  thereof,  or  in  the  sale  of  any  articl?, 
except  as  provided  in  section  one  hundred  and  ninety-two  of  this 
act,  the  expense,  price  or  consideration  of  which  is  payable  either 
from  the  city  treasury,  or  by  any  assessment  levied  under  or  by 
virtue  of  any  act  or  resolution  of  the  board  of  estimate  and  appor- 
tionment or  other  body  or  officer  of  the  city ;  nor  shall  any  officer 
or  employee  be  interested  in  any  manner,  directly  or  indirectly, 
in  the  purchase   or  lease  of  any  real  estate  or   other  property 

[10] 


11 

which  shall  belong  to  or  be  takeu  by  the  city  or  which  shall  be 
sold  either  for  taxes  or  assessments,  or  by  virtue  of  legal  process 
at  the  suit  of  the  city.  Any  officer  or  employee  who  while  holding 
office  or  employment,  shall  knowingly  become  interested  in  the 
performance  of  any  conti-act,  work  or  business  or  in  the  sale  of  any 
article  or  in  the  purcha^^e  or  lease  of  any  real  estate  or  other  prop- 
erty hereinabove  referred  to,  or  shall  acquire  any  interest  therein, 
except  by  will  or  under  the  decedents'  estate  law,  shall 
forfeit  his  office  or  employment  and  be  guilty  of  a  misde- 
meanor. All  contracts  in  which  any  officer  or  employee  is  or  be- 
comes interested  shall,  at  the  option  of  the  board  of  estimate  and 
apportionment,  be  forfeited  and  void.  Any  officer  or  employee 
who  in  consideration  of  his  nomination,  ai)pointment,  election,  or 
employment,  shall,  either  prior  or  subsequently  thereto,  give  or 
promise  to  give  any  portion  of  his  salary  or  compensation  or  any 
money  or  valuable  thing  to  any  person,  shall  forfeit  his  office  and 
employment  and  shall  be  disqualified  from  holding  office  or  em- 
ployment under  the  city  government.  Such  forfeiture  and  dis- 
qualitication  shall  be  in  addition  to  and  not  exclusive  of  any  other 
penalty  prescribed  by  law. 

§  19.  Xo  expense  shall  be  incurred  by  any  department,  officer 
or  employee  unless  an  appropriation  shall  previously  have  been 
made  covering  such  expense  and  there  shall  be  an  unexpended 
balance  sufficient  to  meet  such  expense  at  the  time  it  is  incurred. 

§  20.  Each  and  every  officer  and  employee  charged  with  the 
duty  of  expending  moneys  raised  by  tax  in  the  city  or  any  of 
the  counties  included  therein,  or  of  incurring  obligations  payable 
therefrom,  shall  so  regulate  such  expenditures  for  any  purposes 
that  the  same  shall  not  in  any  one  year  exceed  the  amount  appro- 
priated by  the  board  of  estimate  and  apportionment  for  said  pur- 
poses. No  charge,  claim  or  liability  for  any  purpose  shall  be  cre- 
ated against  the  city  or  any  of  the  counties  included  therein  for 
any  sum  in  excess  of  the  amount  appropriated  therefor, 

§  21.  1.  Xo  officer  or  employee  shall  during  the  term  for  which 
he  shall  have  been  elected,  ap|X)intod  or  employe<l,  hold  any  other 
public  office  or  employment,  federal,  state  or  local,  except  notary 
public,  commissioner  of  deeds  or  an  office  in  the  national  guard. 
Where  special  ])rovision  is  made  by  law,  an  officer  may  hold  an- 
other office  ex  officio  without  salary. 

2.  The  acceptance  by  any  officer  or  employee  of  an  appoint- 
ment by  any  court  as  trustee  in  bankruptcy,  receiver,  referee, 
commissioner  in  condeinnnti<>n   proceedings,  or  commissioner  of 


12 

estimate,  appraisal  or  assessment  shall  vacate  his  office  and  ter- 
minate his  employment. 

3.  A  person  who  shall  be  nominated  for  an  elective  office  vs^hile 
holding  an  appointive  office  or  employment  in  the  service  of  the 
city  shall  vacate  his  office  or  employment  unless  he  shall  decline 
the  nomination  at  the  time  and  in  the  manner  provided  by  the 
election  law. 

4.  ISTo  employee  shall,  directly  or  indirectly,  contribute  to  any 
political  fund,  or  be  or  become  a  member  of,  contribute  to,  or 
take  part  in,  any  club  or  association  intended  or  attempting  to 
effect  legislation  for  or  on  behalf  of  any  department,  officer  or 
employee;  or  directly  or  indirectly  contribute  in  any  manner  in 
aid  of  legislation  in  respect  of  his  salary,  wages  or  emoluments; 
or  appear  before  the  legislature  or  the  council  or  any  committee 
of  either,  to  promote  or  oppose,  directly  or  indirectly,  the  passage 
of  any  such  legislation,  except  in  obedience  to  a  subpoena  com- 
manding him  so  to  do. 

5.  No  person  in  the  classified  civil  sei*vice  of  the  city  shall  be 
an  officer  or  member  of  any  political  committee,  or  a  delegate  or 
alternate  to  any  political  convention,  except  in  the  performance 
of  his  official  duty;  and  any  person  violating  any  of  these  provi- 
sions shall  thereby  forfeit  his  office,  position  or  employment,  and 
all  salary,  pay  and  emoluments  thereof;  but  the  prohibition  con- 
tained in  subdivisions  one,  two  and  three  of  this  section  shall  not 
apply  to  an  officer  or  employee  who  receives  no  salary  or  compen- 
sation from  the  city. 

§  22.  An  office  shall  become  vacant  upon  the  incumbent's  ceas- 
ing to  be  a  resident  of  the  city,  or  of  the  borough  or  other  politi- 
cal division  of  which  he  is  required  to  be  a  resident  when  elected 
or  appointed. 

§  23.  The  mayor,  the  president  of  the  council,  the  comptroller 
and  the  borough  presidents  respectively,  may  be  removed  by  the 
governor  in  the  same  manner  as  sheriffs,  except  that  the  governor 
may  direct  the  inquiry  provided  by  law  to  be  conducted  by  the 
attorney-general.  After  the  charges  shall  have  been  received  by 
the  governor,  he  may,  pendin^g  the  investigation,  suspend  the 
officer  affected  thereby  for  a  period  not  exceeding  sixty  days. 

§  24.  No  elective  officer  who  shall  have  been  removed  from 
office  under  any  provision  of  this  act  shall  be  eligible  to  election  or 
appointment  to  fill  the  vacancy  caused  by  his  removal. 

§  25.  In  case  of  a  vacancy  from  any  cause  in  the  office  of 
president  of  the  council,  comptroller,  borough  president  or  member 


13 

of  the  council,  the  person  appointed  to  fill  such  vacancy  until  a 
successor  be  elected,  shall  be  a  member  of  the  same  political  party 
as  the  last  incumbent  of  the  office.  No  person  shall  be  chosen 
to  fill  a  vacancy  in  any  snch  office  unless  he  possess  the  qualifica- 
tions therefor  prescribed  in  this  act. 

§  26.  Except  as  othenvise  specially  provided  by  law,  every  offi- 
cer or  employee  of  the  city  or  any  county  included  therein  re- 
ceiving any  fees  or  emoluments  under  any  statute  shall  account 
therefor  to  the  chamberlain  and  pay  the  same  into  the  city  treas- 
ury. 


CHAPTER  III. 
The  Council. 

Section  27.  The  legislative  power  of  the  city  shall,  except 
as  otherwise  provided  in  this  act,  be  vested  in  one  house  to  be 
known  and  styled  as  the  council  of  the  city  of  New  York. 

§  28.  1.  There  shall  be  a  president  of  the  council,  who  shall  be 
elected  at  the  same  time  and  in  the  same  manner  as  the  mayor  and 
for  a  similar  term.  No  person  shall  be  eligible  to  the  office  of  presi- 
dent of  the  council  who  is  not  eligible  to  the  office  of  mayor. 

2.  He  shall  preside  over  all  meetings  of  the  council  and  shall 
have  a  voice  and  vote  therein  except  as  provided  in  section  thirty- 
two,  subdivision  three  of  this  act. 

3.  His  salary  shall  be  fifteen  thousand  dollars  a  year. 

§  29.  A  vacancy  in  the  office  of  president  of  the  council  shall  be 
filled  by  appointment  by  the  remaining  members  of  the  board  of 
estimate  and  apportionment,  each  casting  one  vote;  their  ap- 
pointee to  hold  office  until  the  first  day  of  January  succeeding  the 
first  annual  election  after  the  happening  of  the  vacancy. 

§  30.  1.  The  council  shall  be  composed  of  thirty-nine  council- 
men,  one  to  bo  elected  from  each  of  the  thirty-nine  council  districts 
of  the  city,  and  the  president  of  the  council. 

2.  The  council  shall  at  its  first  meeting  elect  a  vice-chairman. 
Whenever  the  president  of  the  coimcil  shall  be  sick,  absent  from 
the  city,  under  suspension,  or  acting  as  mayor,  or  while  a  vacancy 
shall  exist  in  his  office,  the  vice-chairman  shall  possess  his  pow- 
ers, perform  his  duties  and  be  a  member  of  every  board  of  which 
the  president  is  a  member  by  virtue  of  his  office. 

3.  Every  head  or  acting  head  of  a  department  shall  be  entitled 
to  sit  in  the  council  and  shall  have  the  right  to  participate  in  the 
discussions  thereof,  but  not  the  right  to  vote.  Whenever  required 
by  the  council,  he  shall  attend  its  meetings  and  answer  all  ques- 
tions asked  by  any  councilman  relating  to  the  affairs  of  his  de- 
partment, provided  that  at  least  forty-eight  hours  before  the  meet- 
ing he  shall  have  had  written  notice  of  such  questions.  If  a  de- 
partment be  composed  of  more  than  one  member,  the  president  or 
chairman  thereof  shall  be  entitled  to  such  seat. 

[14] 


15 

4.  The  first  meeting  of  the  council  in  each  year  shall  be  held  at 
noon  on  the  first  Monday  of  January. 

5.  The  council  may  appoint  a  sergeaut-at-arms  and  such  other 
assistants  as  may  be  necessary  to  the  orderly  conduct  of  its 
business. 

6.  At  its  first  meeting  in  January,  nineteen  hundred  and  ten, 
and  at  its  first  meeting  in  January  in  every  second  year  thereafter, 
the  council  shall  appoint  a  clerk  of  the  council  who  shall  act  also  as 
city  clerk  and  shall  hold  office  for  two  years  and  until  the  election 
of  his  successor. 

7.  The  council  shall  prescribe  the  duties  of  all  officers  and  em- 
ployees appointed  by  it  and  may  make  rules  and  regulations,  not 
inconsistent  with  the  provisions  of  this  act  or  the  administrative 
code,  for  the  conduct  of  the  public  business  in  their  offices. 

8.  Councilmen  shall  serve  without  salary  or  compensation. 

9.  The  mayor  may  at  any  time  call  a  special  meeting  of  the 
council;  and  shall  do  so  whenever  requested  in  writing  by  not  less 
than  fifteen  councilmen. 

§  31.  1.  No  council  district  shall  embrace  territory  lying 
within  more  than  one  borough.  The  boundaries  of  the  council 
districts  shall  in  the  first  instance  be  fixed  in  the  administrative 
code.  There  shall  be  fourteen  districts  wholly  in  the  borough  of 
Manhattan,  eleven  wholly  in  the  borough  of  Brooklyn,  six  wholly 
within  the  borough  of  The  Bronx,  five  wholly  in  the  borough  o^ 
Queens,  and  three  wholly  in  the  borough  of  Kichmond. 

2.  In  the  year  nineteen  hundred  and  seventeen  and  during  the 
month  of  July,  and  in  the  same  month  every  sixth  year  thereafter, 
the  council  may  alter  the  council  districts,  so  that  the  several  dis- 
tricts within  the  same  borough  shall  contain  as  nearly  as  may  bo 
an  equal  number  of  inhabitants,  excluding  aliens,  and  be  in  as  com- 
pact form  as  practicable,  and  shall  consist  at  all  times  of  contig- 
uous territory.  The  total  number  of  council  districts  shall  not  be 
increased,  but  shall  be  apportioned  among  the  boroughs  in  a  ratio 
based  as  far  as  practicable  upon  population.  There  shall  not  be 
less  than  five  council  districts  in  the  borough  of  Queens  nor  less 
than  three  in  the  borough  of  Richmond. 

§  32.  1.  The  councilmen  shall  ho  elected  at  the  general  elec- 
tion to  be  held  in  the  year  ninetern  hundred  and  nine,  and  o\ct\ 
two  years  thereafter,  and  hold  office  commencing  the  first  day  of 
January  following  the  election. 

2.  Any  elector  who  shall  have  boon  a  citizen  of  the  United 
States  and  a  resident  of  the  city  for  at  least  five  years  immedi- 


16 

atelj  preceding  his  election  shall  be  eligible  to  the  council  for  any 
council  district  in  which  he  shall  have  resided  continuously  for 
at  least  one  year  immediately  preceding  his  election. 

3.  Any  vacancy  in  the  office  of  councilman  shall  be  filled  for 
the  unexpired  term  by  election  by  a  majority  of  all  the  councilmen 
representing  the  borough  containing  the  council  district  in  which 
the  vacancy  occurs.  At  any  such  election  the  president  of  the 
council  shall  preside,  but  shall  have  no  vote  unless  the  councilmen 
present  be  equally  divided.  A  person  elected  to  fill  a  vacancy 
shall  possess  the  qualifications  requisite  for  election  in  the  first 
instance. 

4.  The  council  shall  be  the  judge  of  the  election  returns  and 
qualifications  of  its  members;  but  its  determinations  shall  be  sub- 
ject to  review  by  certiorari  in  any  court  of  competent  jurisdiction. 

§  33.  A  majority  of  all  the  councilmen  shall  constitute  a 
quorum  to  do  business;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  may  be  authorized  to  compel  the  attendance  of 
absent  members  in  such  manner  and  mider  such  penalties  as  the 
council  may  prescribe.  The  sessions  of  the  council  shall  be  public. 
It  may  determine  the  rules  of  its  proceedings,  punish  its  members 
for  disorderly  behavior,  and,  with  the  concurrence  of  two-thirds 
of  all  the  members,  expel  a  member.  It  shall  keep  a  journal  of  its 
proceedings,  wherein  the  ayes  and  noes  taken  on  any  question  at 
the  desire  of  any  two  members  shall  be  entered.  The  ayes  and 
noes  shall  be  called  and  recorded  on  the  final  passage  of  every 
ordinance. 

§  34.  The  council  is  hereby  vested  with  full  and  complete 
power  and  authority  to  enact  all  ordinances  necessary  for  the 
protection  and  preservation  of  life,  health  and  property  in  the 
city;  for  the  prevention  and  summary  abatement  and  removal  of 
nuisances  therein;  for  the  establishment,  preservation  and  enforce- 
ment of  good  government,  order  and  security  of  the  inhabitants 
of  the  city;  for  the  suppression  of  vice;  and  for  the  enforcement 
of  all  such  ordinances  by  fines  or  penalties,  or  otherwise.  The 
council  shall  have  power  and  authority  also  to  enact  ordinances 
prescribing  regulations  in  respect  to  the  making  of  contracts  to  be 
made  or  let  for  work  to  be  done  for  the  city  or  supplies  to  be  fur- 
nished thereto,  except  as  in  this  act  otherwise  provided. 

§  35.  The  council  may  alter,  amend  or  repeal  the  administra- 
tive code  as  expressly  provided  therein. 

§  36.   1.  Every  legislative  act  of  the  council  shall  be  by  ordi- 


17 

narux',  and  no  ordinance  shall  be  passed  except  by  the  vote  of  a 
niajority  of  all  the  councilmen. 

2.  The  style  of  ordinance  shall  be :  "  Be  it  ordained  by  the 
council  of  the  city  of  New  York  as  follows:" 

3.  All  ordinances  shall  be  general  in  their  application,  and  no 
special  ordinance  shall  be  enacted;  except  that  the  council  may 
enact  ordinances  applicable  in  one  or  more  of  the  boroughs  and 
not  the  city  generally. 

4.  Xo  ordinance  shall  be  passed  until  it  shall  have  been  printed 
and  upon  the  desks  of  the  membei*s,  in  its  final  form,  at  least  three 
days  prior  to  its  final  passage,  unless  the  mayor  shall  have  certi- 
fied to  the  necessity  for  its  immediate  passage.  Tpon  the  last 
reading  of  an  ordinance,  no  amendment  thereof  shaJl  be  allowed. 

§  37.  Every  ordinance  shall,  after  its  adoption  by  the  council, 
be  presented,  duly  certified,  to  the  mayor.     If  he  approve  it,  ho 
shall  sign  it ;  and  it  shall  then  be  deemed  to  have  been  passed  and 
shall  take  effect  in  accordance  with  its  provisions.     If  he  disap- 
prove  it,   he  shall  return  it,  with  his  objections,   to  the  coun- 
cil,    which     shall     enter     the     objections     at     large     upon     its 
journal   and  may  proceed  to  reconsider  the   ordinance  after  ten 
days  and  within  fifteen  days  after  it  shall  have  been  returned  to 
the  council.     If  after  such  reconsideration,  the  ordinance  receive 
the  affirmative  votes  of  at  least  two-thirds  of  the  coimcilmen,  it 
shall  then  be  deemed  to  have  passed.     If  upon  the  first  vote  upon 
such  reconsideration  an  ordinance  fail  to  receive  the  stated  num- 
ber of  affirmative  votes,  it  shall  be  deemed  finally  lost.    If,  within 
ten  days  (Sundays  excepted)  after  an  ordinance  shall  have  been 
presented  to  him,  the  mayor  shall  neither  approve  it  nor  return 
it  with  his  objections,  his  disapproval  shall  be  presumed  and  the 
council   may  recall  the  ordinance  and   reconsider  it  within  the 
same  time  and  in  the  same  manner  as  if  it  had  been  returned 
with  objections  at  the  expiration  of  the  ten  days  aforesaid. 

§  38.  The  ordinances  in  force  in  the  city  of  Xew  York  on  the 
thirty-first  day  of  December,  nineteen  hundred  and  nine,  are,  so 
far  as  thoy  are  not  inconsistent  with  this  act,  continued  in  full 
force  and  effect,  subject  to  modification,  amendment  or  repeal  by 
the  council.  But  all  ordinances  or  resolutions  heretofore  adopted 
affecting  or  relating  to  franchises,  or  consenting  or  agreeing  to  the 
exercise  of  any  franchise  as  defined  or  referred  to  in  sections 
five,  seven  and  eight  of  this  act,  shall  be  subject  to  modifica- 
tion, amendment  or  repeal  by  the  board  of  estimate  and  appor- 
tionment in  like  manner   and  to  the  same  extent  as  they  hav« 


IS 

heretofore  been  subject  to  modiiicatioii,  amendment  or  repeal  by 
the  board  of  aldermen,  municipal  assembly  or  other  legislative 
body  of  the  city  of  New  York  or  of  the  several  municipal  corpora- 
tions and  parts  thereof  united  and  consolidated  to  form  the  city 
of  New  York. 

§  39.  The  ordinances  in  force  on  the  thirty-first  day  of  De- 
cember, nineteen  hundred  and  nine,  shall,  so  far  as  practicable, 
be  reduced  to  a  code  and  published.  The  code  of  ordinances  of 
the  city  shall  be  revised  by  the  council  in  the  year  nineteen  hun- 
dred and  ten  and  in  every  fifth  year  thereafter.  All  ordinances 
adopted  during  each  calendar  year  shall  be  compiled  and  pub- 
lished on  or  before  the  first  day  of  March  of  the  succeeding  year. 

§  40.  The  council  shall  not : 

1.  Enter  into,  modify  or  in  any  manner  alter  the  terms  of  any 
contract  for  any  public  work  or  improvement  whatsoever,  or  re- 
lease any  contractor  with  the  city  or  any  department  from  any 
fine  or  penalty  incurred  under  his  contract,  or  extend  the  time 
of  performance  of  any  contract;  or  pass  any  ordinance  or  resolu- 
tion authorizing  any  officer  so  to  do ; 

2.  Audit  or  allow  any  claim  against  the  city. 

§  41.  The  council  may  appoint  commissioners  of  deeds  who 
shall  hold  office  for  two  years  from  the  date  of  appointment.  Such 
appointments  shall  not  require  the  approval  of  the  mayor. 

§  42.  The  council  may  at  any  time  appoint  a  special  committee 
to  inquire  whether  the  laws  and  ordinances  relating  to  any  subject 
or  department  of  the  city  government  are  being  faithfully  observed, 
and  the  duties  of  the  officers  and  employees  of  the  city  or  any  de- 
partment thereof  are  being  faithfully  discharged,  and  to  examine 
and  report  whether  there  are  any  unnecessary,  inefficient  or  unfit 
employees,  excessive  salaries,  wages  or  compensation  paid,  and  to 
inquire  generally  in  respect  to  any  and  all  matters  which  will  con- 
duce to  the  orderly  and  economical  administration  of  the  business 
of  the  city  or  any  department  thereof.  Such  committee  shall 
have  access  to  the  books  and  records  of  the  city  and  of  any  depart- 
ment, officer  or  employee  thereof,  and  for  the  purpose  of  any  such 
inquiry  shall  have  the  powers  conferred  upon  an  officer,  person, 
board  or  committee  by  sections  eight  hundred  and  forty-three  and 
eight  hundred  and  fifty-four  of  the  code  of  civil  procedure. 

§  43.  The  council  shall  have  such  power  and  perform  such 
duties  in  respect  to  the  budget  and  the  tax  levy  as  are  prescribed 
in  sections  sixty  and  sixty-one  and  one  hundred  and  twenty-six. 


CHAPTER  IV. 

Executive. 

Section  44.  1.  The  executive  power  of  tiic  city  shall  be  vested 
in  the  mayor. 

2.  No  person  shall  be  eligible  to  the  office  of  mayor  unless  he 
shall  have  been  a  citizen  of  tlie  United  States  and  a  resident  of 
the  city  for  at  least  ten  years  preceding  his  election. 

3.  The  salary  of  the  mayor  shall  bo  twenty-five  thousand  dol- 
lars a  year. 

§  45.  The  mayor  shall  be  elected  by  the  voters  of  the  city  at 
larire  at  the  general  election  in  the  year  nineteen  hundred  and 
nine,  and  every  four  years  thereafter,  and  shall  hold  his  office  for 
a  term  of  four  years  commencing  on  the  fii-st  day  of  January  next 
after  his  election. 

§  46.  1.  \Vhenevcr  there  shall  Ik?  a  vacancy  in  the  office  of 
mayor,  the  president  of  the  council  shall  become  mayor  until  the 
first  day  of  January  succeeding  the  first  annual  election  after  the 
happening  of  such  vacancy. 

2.  In  case  of  the  mayor's  susix-nsion  from  office  or  absence 
from  the  city  or  of  his  being  prevented  by  sickness  from  attend- 
ing to  the  duties  of  his  office,  the  president  of  the  council  shall  act 
as  mayor  and  possess  all  the  rights  and  powers  of  the  mayor  dur- 
ing such  suspension,  absence  or  sickness,  except  as  in  this  section 
otherwise  provided. 

3.  ^Vhcncver  the  president  of  the  council  shall  act  as  mayor  in 
consequence  of  the  mayor's  suspension  from  office,  he  shall  not 
exercise  anv  power  of  appointment  to  or  removal  from  office. 

4.  Whenever  the  president  of  the  council  shall  act  as 
mayor  in  consequence  of  the  mayor's  absence  from  the  city  or 
sickness,  he  shall  not  exercise  any  power  of  appointment  to  or 
removal  from  office  unless  such  absence  or  sickness  shall  continue 
for  at  least  thirty  days. 

5.  The  president  of  the  council  shall  not  sign,  approve  or  dis- 
approve anv  ordinance  or  resolution,  unless  the  suspension,  ab- 
sence or  sickness  of  the  mayor  shall  have  continued  for  at  least 
nine  days. 

§  47.  It  shall  be  the  duty  of  the  mayor : 
[19] 


20 

1.  To  commimicate  to  the  council,  at  least  once  in  each  year, 
a  general  statement  of  the  finances,  government  and  improvements 
of  the  eit J ; 

2.  To  be  vigilant  and  active  in  causing  the  ordinances  of  the 
city  and  laws  of  the  state  to  be  executed  and  enforced ; 

3.  And  generally  to  perform  all  such  duties  as  may  be  pre- 
scribed for  him  by  this  act,  the  administrative  code,  the  lavp's  of 
tJie  state,  and  the  ordinances  of  the  city.  He  shall  prescribe  the 
duties  of  all  officers  and  employees  in  his  office. 

§  48.  1.  The  mayor  shall  appoint  and  may  at  pleasure  remove 
all  heads  of  departments,  the  commissioner  of  inquiry,  the  mem- 
bers of  the  art  commission  and  the  members  of  every  board  and 
commission  whose  salaries  or  expenses  are  paid  out  of  the  city 
treasury,  whose  appointment  or  election  is  not  otherwise  expressly 
provided  for  by  this  act  or  by  law ;  but  the  trustees  of  the  College 
of  the  City  of  New  York  shall  be  exempt  from  removal  except  as 
provided  in  the  administrative  code. 

2.  He  shall  appoint  justices  of  the  courts  of  special  sessions  and 
city  magistrates.  A  vacancy  occurring  otherwise  than  by  expira- 
tion of  term  in  the  office  of  justice  of  the  municipal  court  shall  be 
filled  by  appointment  by  the  mayor  until  the  first  day  of  January 
succeeding  the  first  annual  election  after  the  happening  of  such 
vacancy. 

3.  He  may  appoint  a  board  to  be  known  as  the  advisory  board 
on  city  plan,  to  consist  of  such  landscape  architects,  civil  engi- 
neers and  other  persons  as  he  may  select,  the  members  thereof  to 
serve  without  salary  and  to  act  m  conjunction  with  the  board  of 
estimate  and  apportionment  in  devising,  fonnulating  and  advo- 
cating a  plan  or  plans  for  the  comprehensive  development  and 
improvement  of  the  streets,  parks  and  public  places. 

§  49.  The  mayor  shall  appoint  a  municipal  civil  service  com- 
mission to  consist  of  three  members,  not  more  than  two  of  whom 
shall  be  of  the  same  political  party.  The  commission  shall  have 
the  jurisdiction  and  powers  conferred  upon  such  a  commission  by 
the  civil  service  law  of  the  state. 

§  50.  1.  The  commissioner  of  inquiry,  with  the  approval  of  the 
mayor,  may  appoint  and  at  pleasure  remove  two  deputies,  one  of 
whom  shall  be  an  attorney  and  counselor-at-law  admitted  to  prac- 
tice in  the  courts  of  this  state  at  least  five  years  prior  to  the  date 
of  his  appointment.  The  commissioner,  his  deputies  and  their 
subordinates  shall  constitute  the  bureau  of  examination  in  the 
mayor's  office. 


21 

2.  Subject  to  the  civil  service  law,  the  subordinates  of  the 
bureau  shall  be  appointed  bj  the  commissioner  of  inquiry  with 
the  approval  of  the  mayor. 

3.  The  commissioner  and  deputy  commissioners  i«hall  make  in- 
vestigations into  the  affairs  of  any  office  or  department  of  the  city 
or  any  division  thereof,  or  of  any  county  included  within  the  city, 
and  the  manner  of  conducting  the  public  business  therein.  They 
shall  report  the  result  of  any  such  investigation  to  the  mayor 
whenever  thereto  by  him  directed.  The  mayor  shall  have  ex- 
elusive  discretion  and  power  to  determine  the  scope  of  any  such 
investigation. 

4.  The  commissioner  of  inquiry  and  his  deputies  shall  have 
power  to  compel  the  attendance  of  witnesses  and  the  production  of 
books,  documents  and  other  papers,  to  administer  oaths  and  to 
examine  such  persons  as  he  or  they  may  deem  necessary. 

§  51.  There  shall  be  the  following  administrative  departments, 
each  of  which  shall,  unless  otherwise  stated,  be  presided  over  by 
a  single  head : 

1.  Finance  department,  the  head  of  which  shall  be  the  comp- 
troller ; 

2.  City  treasury,  the  head  of  which  shall  be  the  chamberlain; 

3.  Tax  department,  the  head  of  which  shall  bo  known  as  the 
board  of  taxation ; 

4.  Law  department,  the  head  of  which  shall  l>e  kno^vn  as  cor- 
poration counsel; 

5.  Police  department,  the  head  of  which  shall  be  known  as 
police  commissioner; 

6.  Health  department,  the  head  of  which  shall  be  known  as 
the  health  board,  to  cor*sist  of  the  health  commissioner,  the  police 
commissioner  and  the  health  officer  of  the  port ; 

7.  Fire  department,  the  head  of  which  shall  be  known  as  fire 
commissioner ; 

8.  Department  of  education,  the  head  of  which  shall  bo  known 
as  the  board  of  education  ; 

9.  Department  of  docks  and  ferries,  the  head  of  which  shall 
be  known  as  dock  commissioner ; 

10.  Park  department,  the  head  of  which  shall  be  knowni  as 
the  park  board ; 

11.  Department  of  water  supply,  the  head  of  which  shall  be 
known  as  water  commissioner; 

12.  Department  of  street  control,  the  head  of  which  i=hall  b' 
known  as  street  commissioner; 


22 

13.  Bridge  department,  the  bead  of  which  shall  be  known  as 
bridge  commissioner ; 

14.  Building  dei^artment,  the  head  of  which  shall  be  known  as 
building  commissioner ; 

15.  Tenement  house  department,  the  head  of  which  shall  be 
known  as  tenement  house  commissioner; 

10.   Charities  department,  the  head  of  which  shall  be  known 
as  charities  commissioner; 

17.  Department  of  correction,  the  head  of  which  shall  he  known 
as  commissioner  of  correction ; 

18.  Bellevue  and  allied  hospitals,  the  head  of  which  shall  be 
known  as  the  board  of  trustees  of  Bellevue  and  allied  hospitals. 


CHAPTER  V. 
Board  of  Estimate  and  Apportionment. 

Section  52.  There  shall  be  a  board  of  estimate  and  ai)i)urtioii- 
ment,  composed  of  the  mayor,  the  president  of  the  council,  the 
comptroller  and  the  five  borough  presidents,  of  whom  the  mayor, 
the  president  of  the  council  and  the  comptroller  shall  each  be 
entitled  to  cast  three  votes,  the  presidents  of  the  boroughs  of 
]\Ianhattan  and  Brooklyn  each  two  votes,  and  the  presidents  of 
the  boroughs  of  The  Bronx,  Queens  and  Richmond  each  one  vote. 
A  quorum  shall  consist  of  members  of  the  board  entitled  to  cast 
at  least  nine  votes,  but  must  include  at  least  two  members  en- 
titled to  cast  three  votes  each.  No  resolution  or  amendment  of 
any  resolution  shall  be  passed  at  the  meeting  at  which  it  shall 
have  been  originally  introduced,  unless  twelve  votes  shall  have 
been  cast  for  its  adoption.  Wherever  the  words  *'  the  board  " 
appear  in  this  chapter,  they  shall  be  taken  to  mean  the  board  of 
estimate  and  apportionment. 

§  53.  A  borough  ])resident  shall  be  elected  in  each  borough,  by 
the  voters  thereof,  at  the  same  time  as  the  mayor  and  for  a  similar 
term.  Xo  person  shall  be  eligible  for  the  otfice  of  borough  presi- 
dent unless  he  shall  have  been  a  citizen  of  the  United  States  and 
a  resident  of  the  borough  for  at  least  five  years  immediately 
preceding  his  election. 

1.  A  vacancy  in  the  office  of  borough  president  shall  be  filled 
by  appointment  by  the  remaining  members  of  the  board  of  esti- 
mate and  apportionment,  each  casting  one  vote,  their  appointee  to 
hold  office  until  the  first  day  of  January  succeeding  the  first 
annual  election  after  the  happening  of  such  vacancy. 

2.  The  salary  of  a  borough  president  shall  be  ten  thousand  d<il 
lars  a  year. 

§  54.  1.  The  first  meeting  of  the  board  in  every  yt  ar 
shall  bo  called  by  written  notice  from  the  mayor,  duly  mailed 
to  the  meml)ers.  Subsequent  meetings  shall  be  called  as  the  board 
may  direct. 

2.  Except  as  otherwise  provided  by  law,  every  act  of  the  board 
shall  be  by  resolution  adopted  by  a  majority  of  the  whole  number 
of  votes  authorized  to  be  cast  by  the  board. 

3.  The  mayor  shall  preside  at  all  meetings  of  the  board ;  in  the 
absence  of  the  mayor,  the  president  of  the  council  shall  preside. 

[23] 


24 

§  55.  Except  as  otherwise  specifically  provided  in  this  act, 
each  borough  president  shall  devote  his  time  and  attention  ex- 
clusively to  the  business  and  duties  of  the  board.  The  board 
may  assign  to  one  or  more  of  the  presidents  such  special  duties 
as  to  it  may  seem  proper. 

§  56.  Every  resolution  authorizing  or  relating  to  the  expendi- 
ture of  money  shall,  after  its  adoption  by  the  board,  be  presented 
to  the  mayor.  If  he  approve,  he  shall  sign  it  and  it  shall  then  take 
effect;  if  he  disapprove,  he  shall  return  it  to  the  board  with  his 
objections  and  the  board  shall  enter  the  same  at  large  upon  its 
minutes  and  may  then  reconsider  the  resolution.  If  after  such 
reconsideration  it  shall  have  received  the  affirmative  votes  of  mem- 
bers of  the  board  entitled  to  cast  in  the  aggregate  at  least  ten 
votes,  it  shall  take  effect. 

§  57.  In  addition  to  such  other  bureaus  as  it  may  establish, 
there  shall  be  under  the  board : 

1.  A  bureau  of  public  improvements  and  engineering,  the  head 
of  which  shall  be  an  engineer,  resident  in  the  city,  of  at  least  ten 
years'  professional  experience,  who  shall  be  known  as  "  city  engi- 
neer ;" 

2.  A  bureau  of  franchises,  the  head  of  which  shall  be  known  as 
"  chief  of  the  bureau  of  franchises ;" 

3.  A  bureau  of  real  estate,  the  head  of  which  shall  be  known  as 
"chief  of  the  bureau  of  real  estate;" 

4.  A  bureau  of  claims,  the  head  of  which  shall  be  known  as 
"  chief  of  the  bureau  of  claims ;" 

5.  A  bureau  of  salaries,  which  shall  classify  and  grade  all  offi- 
cers and  employees  and  their  salaries  and  wages,  the  head  of 
which  shall  be  known  as  "  chief  of  the  bureau  of  salaries ;" 

6.  A  bureau  of  statistics  and  publicity,  the  head  of  which  shall 
be  known  as  "  chief  of  the  bureau  of  statistics  and  publicity ;" 

7.  A  bureau  of  supplies,  the  head  of  which  shall  be  known  as 
"  chief  of  the  bureau  of  supplies." 

§  58.  Each  of  the  bureaus  shall  have  the  powers  and  perform 
the  functions  and  duties  prescribed  therefor  in  the  administrative 
code,  and  shall,  subject  to  such  provisions,  be  under  the  control 
and  direction  of  the  board,  which  shall  prescribe  the  duties  of  the 
officers  and  employees  thereof  and  may  make  all  necessary  rules 
and  regulations  with  respect  thereto. 

§  59.  1.  Except  as  otherwise  expressly  provided  by  law,  the 
board  shall  fix  and  may  alter  the  salary  or  compensation  of  every 
officer,  employee  or  person  other  than  day  laborers  whose  compen- 


25 

sation  shall  be  paid  out  of  the  city  treasury,  iichitlin-.;  the  sheriff, 
the  district  attorney  and  the  county  clerk  of  each  county  within 
the  city,  the  register  of  the  county  of  New  York  and  of  Kings, 
and  their  respective  subordinates. 

2.  The  salary  and  compensation  of  every  appointive  otHcer  or 
employee,  whose  office  or  position,  other  than  that  of  day  laborer, 
is  not  abolished  by  this  act  or  the  administrative  code,  shall,  until 
changed  by  the  board,  continue  at  the  amount  fixed  at  the  time 
this  act  takes  effect. 

3.  Xo  extra  compensation  shall  be  granted  to  any  officer  or 
employee. 

4.  Xo  compensation  beyond  the  salary,  wages  or  compensation 
fixed  in  the  budget  for  the  position  or  grade  of  any  city  officer 
or  employee  shall  be  granted  or  paid,  nor  shall  any  salary,  wages 
or  compensation  so  fixed  be  increased  during  the  budgetary  year. 

5.  Salaries,  wages  and  compensation  for  like  positions  or  grades 
shall  be  uniform  throughout  each  borough,  but  need  not  b«  uni- 
form throughout  the  city. 

§  60.  1.  The  board  shall  annually,  between  the  first  day  of 
October  and  the  first  day  of  Xovember,  meet  and  make  a  budget 
of  the  amounts  estimated  to  be  required  to  pay  the  cost  for  the 
ensuing  year  of  conducting  the  public  business  of  the  city  and  of 
the  counties  included  therein. 

2.  The  budget  shall  show  in  such  detail  as  may  be  practicable 
the  items  of  all  appropriations  for  each  department,  bureau, 
office,  board  or  commission,  and  the  terms  and  conditions 
under  which,  conformably  with  law,  the  same  may  be  expended. 
It  shall  further  show  in  such  detail  as  the  board  may  deem  ad- 
visable the  estimated  receipts  of  each  department,  bureau,  office, 
board  or  et'>nimi?sion.  To  enable  the  board  to  make  the  budget, 
the  heads  of  departments,  bureaus,  offices,  boards  and  commissions 
shall  in  such  detail  and  at  such  date  or  dates  as  the  board  may 
direct,  but  not  later  than  September  tenth  in  each  year,  send  to  the 
board  an  estimate  in  writing,  to  be  known  as  a  departmental 
estimate,  of  the  amount  of  expenditure,  specifying  the  objects 
thereof,  required  for  their  respective  departments,  bureaus,  offi- 
cers, lx)ards  or  commissions  for  the  ensuing  year.  Duplicates 
of  these  departmental  estimates  and  statements  shall  be  sent  at 
the  same  time  to  the  council. 

3.  The  budget  shall  show  by  separate  tables  the  sources  of  all 
revenues  of  the  city  and  the  estimated  receipts  from  each,  in- 
cluding the  sources  and  receipts  of  the  general  fund  for  the  re- 


20 

ductiou  of  taxation  and   the  several   sinking  funds  enumerated 
in  section  seventy-five  of  this  act. 

4.  Before  finally  determining  upon  the  budget,  the  board  shall 
fix  a  time  or  times  for  hearing  taxpayers  of  the  city  in  regard 
thereto.  Within  five  days  after  the  budget  shall  have  been  made 
by  the  board,  it  shall  be  transmitted  to  the  council. 

5.  Simultaneously  with  its. transmission  to  the  council,  the 
budget  shall  be  published  in  the  City  Eecord  and  the  mayor  shall 
call  a  special  meeting  of  the  council  to  consider  it.  Considera- 
tion of  the  budget  by  the  council  shall  continue  from  day  to  day 
until  final  action  is  taken  thereon,  but  shiall  not  continue  beyond 
twenty  days.  If  the  council  shall  take  no  action  within  such  time, 
the  budget  shall  be  deemed  to  be  finally  adopted  as  transmitted 
by  the  board.  Except  as  otherwise  provided  by  law,  the  council 
may  reduce  or  reject  any  or  all  of  the  items  of  the  budget  for 
salaries  and  for  supplies  and  improvements.  It  shall  not  increase 
any  item  or  vary  the  terms  or  conditions  thereof  or  insert  any 
new  items.  Its  action  in  reducing  or  rejecting  any  item  shall  be 
subject  to  the  veto  power  of  the  mayor,  and  unless  such  veto  be 
overridden  by  a  three-fourths  vote  of  the  council,  the  item  fixed 
by  the  board  shall  stand. 

§  61.  1.  Prior  to  December  twenty-fifth  in  each  year,  the  budget 
as  finally  adopted  shall  be  certified  by  the  mayor,  comptroller  and 
city  clerk,  whereupon  the  several  sums  mentioned  therein  shall 
be  and  become  appropriated  to  the  several  purposes  therein  named. 
On  or  before  December  thirty-first  in  each  year  the  budget  shall 
be  filed  in  the  office  of  the  comptroller  and  published  in  the  City 
Record. 

2.  At  least  four  weeks  before  the  annual  meeting  of  the  council 
called  for  the  purpose  of  determining  the  rate  of  taxation,  the 
comptroller  shall  prepare  and  submit  to  it  an  estimate  of  the  re- 
ceipts and  revenues  of  the  general  fund  for  the  reduction  of  tax- 
ation during  the  year  then  current.  He  shall  at  the  same  time 
certify  to  the  council  the  aggregate  amount  fixed  in  the  budget  to 
be  raised  by  taxation. 

3.  The  council  shall  meet  at  noon  on  the  first  Monday  of  July 
in  each  year  at  its  usual  place  of  meeting  in  the  borough  of  Man- 
hattan, or  if  said  first  Monday  fall  on  a  legal  holiday  the  council 
shall  meet  at  noon  on  the  next  succeeding  day  at  said  time  and 
place,  and  at  such  meeting  shall  deduct  from  the  aggregate  amount 
fixed  in  the  budget  to  be  raised  by  taxation  as  certified  by  the 
comptroller  the  amount  of  the  said  estimated  receipts  and  rev- 


27 

enues  of  the  general  fund  for  the  reduction  of  taxation,  and 
shall  thereafter  cause  to  be  raised  by  tax  the  balance  of  such  aggre- 
gate amount  after  making  such  deduction. 

§  G2.  The  budget  shall  make  provision  for:  1.  Salaries,  wages 
or  compensation  of  all  city  othcers  and  employees;  the  cost  of 
equipment,  repairs,  renewals  and  supplies  required  for  the  ad- 
ministration and  maintenance  of  each  department,  bureau,  othce, 
board  and  commission  of  the  city,  including  the  dock  department 
and  educational  and  other  institutions  supported  wholly  or  ])artly 
by  the  city  pursuant  to  existing  provisions  of  law; 

2.  Kent  of  suitable  buildings  or  offices  in  buildings  not  owned 
by  the  city  necessary  for  the  use  of  departments,  bureaus,  otficers, 
boards  and  commissions; 

3.  The  expenses  of  the  registration  of  voters;  of  the  compila- 
tion and  publication  of  the  registry  of  voters;  and  of  all  elections 
held  in  the  city  during  the  year; 

4.  Salaries,  wages  and  compensation  of  officers  and  of  em- 
ployees of  counties  wholly  included  in  the  city,  and  all  other 
expenses  of  said  counties  properly  chargeable  to  the  counties  or 
any  of  them  as  distinguished  from  city  charges; 

5.  The  additional  compensation  due  according  to  law  to  jus- 
tices of  the  supreme  court  from  judicial  districts,  other  than  the 
first  and  second,  who  shall  hold  court  within  the  city ; 

6.  The  compensation  due  according  to  law  to  justices  of  the 
supreme  court  and  county  judges,  surrogates  and  judges  of  the 
court  of  general  sessions  within  the  city,  and  the  expenses  neces- 
sary for  the  administration  of  justice  therein; 

7.  The  compensation  due  according  to  law  to  judges  of  the 
city  court,  justices  of  the  courts  of  special  sessions  and  of  the 
municipal  court  and  the  city  magistrates,  and  the  expenses  neces- 
sary for  the  administration  of  justice  in  the  courts  of  inferior 
jurisdiction  of  the  city; 

8.  The  cost  of  publishing  in  the  daily  law  journal  designated 
by  the  justices  of  the  appellate  division  of  the  supreme  court  in 
the  first  department,  the  calendars  of  state  courts  of  record  in 
the  city ; 

9.  The  cost  of  maintaining  and  purchasing  law  books  for 
the  law  library  of  the  appellate  division  of  the  first  department, 
the  law  library  of  the  supreme  court  in  the  first  judicial  dis- 
trict and  the  supreme  court  library  in  the  borough  of  Brooklyn; 

10.  [Maintenance  and  expenses  of  free  public  libraries,  includ- 


28 

iug  branch  and  traveling  libraries,  which  have  heretofore  been 
maintained,  in  whole  or  in  part,  by  the  public  funds  of  the  city; 

11.  The  salaries  and  expenses  of  administration  of  the  public 
service  commission  in  the  first  district,  and  of  other  commissions 
and  boards  required  by  law  to  be  paid  out  of  the  city  treasury, 
excei>t  of  the  board  of  water  supply  of  The  City  of  New  York ; 

12.  The  cost  of  compiling  and  publishing  the  annual  record 
of  the  assessed  valuatioa  of  real  estate;  of  publishing  the  City 
Record  and  of  all  advertising  required  by  law; 

13.  All  sums  authorized  by  the  administrative  code  to  be  raised 
and  paid  for  the  relief  of  poor  adult  blind  persons  and  the  educa- 
tion and  support  of  the  blind,  of  the  deaf  and  dumb,  and  of  juve- 
nile delinquents,  and  for  the  care,  support,  maintenance  and  secu- 
lar education  of  inmates  of  orphan  asylums,  protectories,  or  homes 
for  dependent  children,  to  correctional  institutions,  and  to  chari- 
table, educational,  eleemosynary,  correctional  or  reformatory  in- 
stitutions, wholly  or  partly  under  private  control,  and  having 
their  main  office  in  the  city,  for  care,  support,  maintenance  or 
education  of  the  inmates  thereof ;  such  payments  to  be  made  only 
for  such  inmates  as  are  received  and  retained  therein  pursuant 
to  rules  established  by  the  state  board  of  charities ; 

14.  The  quota  of  state  taxes  imposed  and  chargeable  upon  the 
city  and  the  counties  wholly  included  therein; 

15.  Sums  required  for  the  several  pension  funds  as  provided 
in  the  administrative  code;  but  no  such  sums  shall  be  provided 
for  any  pension  fund  unless  in  connection  therewith  the  budget 
shall  show  an  estimate  in  detail  of  the  receipts  from  all  sources 
of  such  pension  fund; 

16.  The  amount  of  taxes  levied  prior  to  the  preceding  first  day 
of  January  deemed  by  the  board  to  be  uncollectible,  so  far  as  the 
same  shall  not  have  been  provided  for  in  prior  tax  levies  or  by  the 
issue  of  corporate  stock ; 

17.  Annual  interest  upon  the  city  debt; 

18.  The  annual  quota  for  the  redemption  of  the  city  debt,  in- 
cluding instalments  payable  during  the  ensuing  budgetary  year; 

19.  Such  sums  as  may,  in  addition  to  the  accumulations  of  any 
sinlcing  fimd,  be  necessary  to  redeem  any  obligation  of  the  city 
payable  out  of  such  sinking  fund  and  maturing  during  the  next 
calendar  year; 

20.  The  annual  interest  on  general  fund  bonds  issued  pursuant 
to  the  provisions  of  section  ninety-eight  of  this  act ; 


29 

21.  The  redemption  of  siJecial  revenue  bonds  issued  during  the 
preceding  year ; 

22.  Such  other  appropriations,  not  specitically  provided  for  in 
this  act,  as  the  board  shall  have  determined,  by  the  votes  of  mem- 
bers entitled  to  cast  at  least  twelve  votes,  to  be  necessary  for  the 
maintenance,  during  the  year,  of  the  government  of  the  city  or 
of  any  county  included  therein.  In  addition  to  the  foregoing, 
the  budget  may  contain  an  appropriation,  to  be  included  among 
the  appropriations  for  the  purposes  of  the  board,  of  such  sum  as 
it  may  deem  necessary,  not  exceeding  two  million  dollars  in  any 
one  year,  for  the  purpose  of  supplying  funds  for  emergencies 
for  which  provision  is  not  otherwise  made  in  this  act  or  in  the 
administrative  code.  But  no  payment  shall  be  made  from  such 
•appropriation  unless  authorized  by  the  votes  of  memlx-rs  of  the 
board  entitled  to  cast  at  least  twelve  votes.  Balances  of  appro- 
priations remaining  unexpended  at  the  close  of  the  fiscal  year  for 
which  they  shall  have  been  made,  shall,  after  the  allowance  of  a 
suiBcient  sum  to  satisfy  all  claims  payable  therefrom  and  within 
sixty  days  after  the  expiration  of  such  year,  be  paid  into  the 
general  fund  for  the  reduction  of  taxation. 

§  63.  All  moneys  received  from  the  state  or  from  any  depart- 
ment, board  or  officer  thereof,  to  or  for  the  use  of  the  city  or  any 
department  thereof,  the  disposition  of  which  shall  not  bo  specif- 
ically provided  for  by  law  shall  be  paid  into  the  general  fund  for 
the  reduction  of  taxation. 

§  G4.  Except  as  in  this  act  otherwise  specifically  provided,  the 
board  shall  have  power  ujwn  such  tenns  and  conditions  as  may 
seem  to  it  for  the  best  interests  of  the  city : 

1.  To  authorize  the  issue  of  the  several  classes  of  obligations 
enumerated  in  chapter  seven  of  this  act ; 

2.  To  change  the  map  or  plan  of  the  city  so  as  to  lay  out  new 
streets,  parks,  bridges  or  tunnels,  to  widen,  straighten,  extend, 
alter  or  close  existing  streets,  and  to  fix,  establish  or  cliange  the 
grade  of  any  street.  No  street  shall  bo  close<l  in  whole  or  in  part, 
unless  the  board  shall  decide  that  the  street,  or  so  much  thereof 
as  is  to  be  closed,  is  no  longer  needed  for  public  purposes. 

3.  To  assign  to  other  specific  public  use  any  property  of  the  city 
or  of  any  county  included  therein  determined  by  the  board  to  be 
no  longer  required  for  the  purpose  for  which  it  was  acquired  or 
is  used ; 

4.  To  exchange  real  property  of  the  city,  or  of  any  county  in- 
cluded therein,  no  longer  needed  for  a  public  purpose,  for  real 


30 

property  of  equal  or  greater  value  within  the  same  borough,  pro- 
vided the  board  shall  determine  such  property  to  be  needed  for  a 
public  purpose ; 

5.  To  settle  and  adjust,  by  mutual  conveyances  or  other  appro- 
priate instruments,  disputes  about  boundary  lines,  and  to  release 
such  interests  of  the  city  in  real  estate  as  the  corporation  counsel 
shall  certify  in  vs^riting  to  be  mere  clouds  upon  title ; 

6.  To  sell  and  convey  the  right,  title  and  interest  of  the  city  in 
and  to  lands  lying  within  any  street  that  may  have  been  closed  in 
whole  or  in  part,  to  the  owners  of  land  fronting  on  the  part  of  the 
street  so  closed,  provided  the  board  shall  first  determine  that  the 
land  so  sold  and  conveyed  is  not  needed  for  any  public  use ; 

7.  To  sell  at  the  highest  price  at  public  auction  or  by  sealed 
bids,  after  public  advertisement  in  the  City  Record  for  a,  period  of 
at  least  fifteen  days,  and  after  appraisal  made  under  the  direction 
of  the  board  within  three  months  immediately  preceding  the  date 
of  sale,  when  no  longer  needed  for  a  public  purpose,  any  city 
or  county  property,  except  ferries,  parks  and  water-front  property. 
Except  as  otherwise  provided  by  law,  the  proceeds  of  any  sale 
other  than  of  personal  property,  shall  on  receipt,  after  the  deduc- 
tion of  necessary  charges,  be  paid  to  the  credit  of  the  "  sinking 
fund  of  the  city  of  'N&w  York  for  the  redemption  of  the  city 
debt."  The  proceeds  of  any  sale  of  land  in  the  county  of  New 
York  and  the  buildings  thereon,  occupied  or  reserved  for  school 
purposes  and  no  longer  required  therefor,  shall  be  paid  into  the 
"  sinking  fund  of  the  city  of  ISTew  York  for  the  redemption  of 
the  city  debt  "  if  the  property  was  acquired  prior  to  January  first, 
eighteen  hundred  and  ninety-eight,  but  if  acquired  subsequently, 
such  proceeds  shall  be  paid  into  "  the  sinking  fund  of  the  city  of 
New  York."  The  proceeds  of  sale  of  personal  property,  except 
as  otherwise  provided  in  this  act,  shall  be  paid  into  "  the  general 
fund  for  the  reduction  of  taxation ;" 

8.  To  lease  in  like  manner  as  provided  for  sales  in  subdivision 
seven  of  this  section,  any  city  or  county  property  except  parks, 
streets,  ferries  and  water-front  property;  but  no  lease  or  any  re- 
newal thereof  shall  be  for  a  longer  term  than  ten  years,  except  as 
otherwise  specifically  provided  in  this  act.  All  rentals  shall,  after 
the  deduction  of  necessary  charges,  immediately  be  paid  to  the 
credit  of  "  the  sinking  fund  for  the  redemption  of  the  city  debt," 
except  as  by  law  otherwise  provided ; 

9.  To  lease  all  or  any  part  of  the  rights,  title  and  interest  here- 
tofore or  hereafter  acquired  by  the  city  in  and  to  any  lands  out- 


31 

side  the  city  for  the  sanitary  protection  of  the  water  supply,  and 
to  grant  in  i>erpetuity  or  for  shorter  periods,  subject  to  such  re- 
strictions as  the  board  may  deem  proper,  rights,  fakements,  or 
rights  of  way  in,  over,  under  or  across  any  such  lands  for  highway 
or  other  purposes,  or  for  the  improvement  of  the  facilities  and 
public  service  of  railroads  lawfully  located  thereon,  provided  no 
such  lease  or  grant  shall  bo  made  unless  the  board  shall  tirst 
determine  that  the  said  lands  or  interest  therein  so  leased, 
granted  or  conveyed,  are  to  be  used  or  enjoyed  for  a  purpose 
which  is  consistent  with  the  sanitary  protection  of  the  water 
supply  of  the  city,  and  provided  that  every  such  grant  or  lease 
shall  contain  covenants  restricting  the  use  of  such  lands  or  in- 
terest therein  in  accordance  with  the  determination  of  the  board; 

10.  To  rent  any  real  estate  or  buildings  for  the  use  of  the  city 
or  of  any  of  the  counties  wholly  included  therein,  including  prem- 
ises for  armories  and  drill  rooms  and  places  for  the  safe-keeping 
of  arms,  uniforms,  equipments,  accoutrements  and  camp  equi- 
page of  the  national  guard; 

11.  To  assign  the  i>laccs  where  courts  of  general  sessions  and 
inferior  local  courts  shall  be  held ;  to  change  the  place  of  holding 
any  such  courts;  to  assign  and  designate  police  stations  for  the 
detention  of  prisoners;  to  designate  for  all  purposes  for  which 
common  jails  may  by  law  be  used  any  building  or  buildings 
within  the  city  to  be  common  jails  thereof  or  of  any  of  the  coun- 
ties wholly  included  therein;  such  building  or  buildings  to 
remain  such  common  jails  until  other  buildings  shall  be  desig- 
nated for  any  such  purpose; 

12.  To  select,  locate  and  lay  out  sites  for  playgrounds  and 
school  farms; 

13.  To  select  all  sources  of  water  supply  nee<led  for  the  supply 
and  distribution  of  water,  and  acquire  by  purchase,  lease  or 
otherwise  any  real  property  as  defined  in  section  two  hundred  and 
eighty-one  of  this  act,  necessary  to  secure  the  sole  and  exclusive 
property  in  any  source  of  water  supply  determined  upon,  an»l 
wholly  to  distinguish  the  water  rights  of  any  person  therein,  with 
the  right  to  lay,  relay,  repair  and  maiiitain  aqueducts,  conduits 
and  water  pipes  with  the  connections  and  fixtures  on  the  lands  of 
others;  for  the  purpose  of  conducting  water  to  the  city,  to  inter- 
cept and  direct  the  flow  of  water  from  the  lands  of  riparian  own- 
ers and  from  persons  owning  or  interested  in  any  water;  and  to 
prevent  the  flow  or  drainage  of  noxious  or  impure  matter  from 
the  lands  of  others  into  its  reservoirs  or  sources  of  water  supply; 


32 

14.  To  acquire  by  lease,  purchase  or  otherwise,  real  property 
as  defined  in  section  two  hundred  and  eighty-one  of  this  act, 
needed  for  any  city  purpose; 

15.  To  authorize  the  water  commissioner  to  enter  into  con- 
tracts with  any  persons  engaged  in  the  business  of  supplying  or 
selling  water  for  private  or  public  use  and  consumption,  provided 
the  proposed  contract,  in  the  exact  form  in  which  the  same  is  to 
be  executed,  shall  receive  the  approval  of  members  of  the  board 
entitled  to  cast  not  fewer  than  twelve  votes  and  the  separate 
written  approval  of  the  mayor  and  the  comptroller.  All  proceed- 
ings relating  to  the  making  or  approval  of  any  such  contract,  in- 
cluding the  terms  thereof,  may  be  reviewed  by  the  appellate 
division  of  the  supreme  court  in  the  first  or  second  department 
on  the  application  of  any  resident  taxpayer; 

16.  To  cause  water  meters,  of  a  pattern  and  price  approved 
by  it,  to  be  placed  in  all  or  any  places  in  which  water  is  fur- 
nished by  the  city,  for  the  purpose  of  measuring  the  same ; 

17.  To  determine  any  controversy  with  regard  to  jurisdic- 
tion or  powers  that  may  arise  between  any  departments,  its  deci- 
sion thereon  to  be  final.  No  proceedings,  negotiations  or  contract 
for  the  acquisition  for  any  purpose  of  real  property  as  defined  in 
section  two  hundred  and  eighty-one  hereof,  the  cost  of  which  is  to 
be  paid  by  the  city  or  by  assessment,  shall  be  begun  or  entered 
into  without  the  approval  of  the  board. 

18.  To  grant  permission  to  any  person  authorized  to  operate  or 
maintain  wires  and  electrical  conductors  to  remove  the  same 
from  above  the  surface  of  any  street  or  water-front  property  and 
to  place  them  under  ground ; 

19.  To  remove  or  cause  to  be  removed  wires  and  electrical  con- 
ductors from  above  the  surface  of  any  street  or  water-front  prop- 
erty and  to  place  or  cause  the  same  to  be  placed  under  ground ; 

20.  To  regulate  the  stringing  of  wires,  electrical  conductors  and 
other  means  of  conveying  electricity,  gas,  steam,  air  or  other  force 
or  substance  above  or  beneath  the  surface  of  any  street  or  any 
water-front  property,  including  the  erection  or  construction  of 
poles,  conduits  and  other  means  for  supporting  or  containing  the 
same.  The  removal  from  above  the  surface  and  the  placing  under 
ground  of  wires  and  electrical  conductors  and  the  construction 
and  erection  of  poles,  conduits  and  other  means  of  supporting  or 
containing  the  same  shall  be  done  under  the  supervision  of  the 
street  commissioner,  in  accordance  with  rules  and  regulations  to 
be  prescribed  by  the  board. 


33 

21.  To  authorize  any  gtUL-ral  or  local  improvement. 

§  65.  The  board  shall  devise  and  formulate  a  plan  for  the  com- 
prehensive development  and  improvement  of  all  parks  and  streets 
under  the  control  of  the  park  board,  so  tliat  as  far  as  practicable 
each  borough  shall  contain  a  connected  and  continuous  park  sys- 
tem. Xo  plan  adopted  pursuant  to  this  provision  shall  be  changed 
in  any  particular  without  the  express  authority  of  the  board  of 
estimate  and  apportionment. 

§  66.  The  board  may:  1.  Inquire  into,  settle  and  adjust  any 
claim  against  the  city  and  authorize  the  payment  thereof,  whether 
or  not  an  action  be  pending  thereon,  for  work  dune,  materials  or 
supplies  furnished,  or  services  n-ndered,  provided  it  shall  apiK-ar 
to  the  board,  after  public  examination  of  witnesses  under  oath 
by  the  board  or  any  member  thereof,  that  it  is  just  for  the  city  to 
pay  the  same  without  regard  to  any  defense  at  law  which  the 
city  may  have  thereto  other  than  the  statute  of  limitatioms;  but 
the  board  shall  not  authorize  the  payment  of  any  claim  for  ser- 
vices performed  under  an  appointment  or  employment  made  in 
violation  of  the  civil  service  law;  but  this  section  shall  not  be 
construed  to  permit  the  grant  of  any  extra  compensation  to  any 
I)ublic  officer,  servant  or  contractor; 

2.  Hear  and  determine  any  application  for  relief  from  an 
assessment,  or  any  part  thereof,  for  a  local  improvement,  provided 
that  the  amount  of  the  assessment  as  so  readjusted  shall  be  paid 
forthwith  by  the  aj^jilicant ;  and  no  person  who  shall  have  made  an 
application  to  the  board  for  relief  hereunder  shall  thereafter 
maintain  an  action  or  proceeding  for  relief  from  such  assessment 
or  any  part  thereof,  or  to  set  the  same  aside. 

§  6Y.  The  board  shall,  by  written  notice  to  the  chaml>erlain, 
designate  the  banks  or  trust  companies  in  which  the  moneys  of  the 
city  shall  bo  deposited,  and  may  by  like  notice  from  time  to  time 
change  the  banks  or  trust  companies  thus  di^signated ;  but  no  bank 
or  trust  company  shall  bo  so  designated  unless  it  shall  agree  to  pay 
interest  to  the  city  on  the  daily  balances  of  the  city  at  a  rate  to 
be  fixed  by  the  board,  which  rate  shall  be  fixed  quarterly  as  of  the 
first  days  of  February,  ^fay,  August  and  November  in  each  year. 

§  68.  The  board  shall  prescribe  the  standard  in  any  class  of 
supplies  needed  for  any  purpose  by  any  department,  board,  com- 
mission or  officer  of  the  city,  and  in  any  class  of  materials  em- 
ployed in  any  work  performed  for  the  city;  and  all  contracts  there- 
for shall  require  conformity  to  such  standard.  So  far  as  the  board 
may  deem  practicable,  the  tonus,  conditions  and  specifications  of 
all  contracts  shall  be  uniform. 


34 

§  69.  The  board  may  require  any  officer  or  employee  to  exe- 
cute and  file  an  undertaking  to  the  city  for  the  faitliful  discharge 
of  his  duties.  Every  such  undertaking  shall  be  approved  as  to  its 
form  and  sufficiency  of  the  sureties-  by  the  board,  and  shall  be  filed 
with  the  city  clerk. 

§  TO.  The  board  may  prescribe  and  adopt  general  rules  and 
regulations  with  respect  to  the  form  of  keeping  and  rendering 
all  city  accounts,  to  the  end  that,  as  far  as  practicable,  there  may 
be  a  uniform  system  of  departmental  accounting.  It  may  audit 
or  cause  to  be  audited  the  accounts  of  all  officers,  bureaus  and 
employees  charged  with  the  collection  and  receipt  of  money  for 
or  in  behalf  of  the  city. 

§  71.  In  all  cases  where  the  board  authorizes  a  local  improve- 
ment to  be  made,  it  shall  determine  how  much,  if  any,  of  the 
cost  and  expense  thereof  shall  be  paid  by  the  city;  and  the  re- 
mainder shall  be  assessed  upon  the  property  deemed  to  be  benefited 
thereby.     The  determination  by  the  board  shall  be  final. 

§  Y2.  On  the  fifteenth  day  of  January,  April,  July  and 
October  in  each  year,  the  board  shall  publish  a  statement  of  the 
indebtedness  of  the  city  existing  on  the  first  day  of  the  month  of 
such  publication.  It  shall  annex  thereto  a  statement  of  the  as- 
sessed valuation  of  the  real  estate  subject  to  taxation  as  it  ap- 
peared by  the  assessment-rolls  of  the  city  on  the  last  preceding 
assessment  for  state  or  county  taxes.  Each  such  statement  of 
indebtedness  shall  show  the  amount  of : 

1.  All  corporate  stock  outstanding; 

2.  All  assessment  bonds  outstanding; 

3.  All  outstanding  revenue  bonds  issued  for  account  of  unpaid 
taxes  for  years  prior  to  the  year  of  their  issue ; 

4.  Claims  against  the  city  in  course  of  settlement  not  payable 
out  of  taxes  or  proceeds  of  revenue  bonds  or  special  revenue  bonds ; 
the  amount  to  be  shown  in  the  statement  shall  be  so  much  of  the 
aggregate  of  all  the  claims  as  the  board  may  deem  sufficient  to 
provide  for  the  satisfaction  thereof ; 

5.  The  estimated  cost  to  the  city  of  acquiring  title  to  real  estate 
in  actual  course  of  condemnation,  in  proceedings  in  which  no 
award  shall  have  theretofore  been  made,  including  taxable  costs, 
disbursements,  fees  and  expenses;  the  amount  to  be  included  in 
the  statement  shall  be  determined  by  the  board  from  estimates 
furnished,  upon  its  request,  by  the  corporation  counsel ; 

6.  Unpaid  awards  and  costs  in  condemnation  proceedings,  con- 
firmed and  unconfirmed ; 


35 

7.  The  estimated  cxpciKliture  other  tbiui  from  appropriations 
under  all  contracts  signed  by  the  head  of  any  department,  bureau, 
board  or  commission,  whether  or  not  certified  by  the  comptroller; 

8.  All  amounts  standing  to  the  credit  of  trust  accounts  on  the 
books  of  the  city.  In  determining  the  several  amounts  to  be 
inserted  in  such  statements,  no  deduction  shall  be  made  of  cash 
received  by  the  city  from  the  sale  of  corporate  stock  or  bonds  other 
than  revenue  bonds  or  special  revenue  Ixjnds,  unless  such  cash 
shall  have  been  specifically  appru])riated  and  set  aside  for  the 
purposes  for  which  such  stock  or  bunds  were  issued ;  nor  shall 
any  deduction  be  made  of  any  uninvested  cash  in  any  of  the 
sinking  funds,  or  of  any  obligation  of  the  city  held  by  any  of  the 
sinking  funds  which,  by  the  provisions  of  section  ten  of  article 
eight  of  the  constitution  of  the  state  is  not  to  be  included  in  ascer- 
taining the  power  of  the  city  to  become  indebted. 

§  73.  The  corporation  counsel  shall  furnish  to  the  board  on 
or  before  the  tenth  day  of  September  in  each  year  a  list  of  all 
reports  in  condemnation  proceedings  confirmed  for  the  preceding 
twelve  months  with  the  amount  of  awards  and  costs  taxed  in 
each  proceeding.  The  comptroller  shall,  on  or  before  the  same 
date,  furnish  the  board  with  a  statement  of  the  amounts  of  such 
awards  and  costs,  and  of  the  amounts  paid  thereon  and  due 
thereafter. 


CHAPTER  VI. 
The  Sinking  Funds. 

Section  74.  The  board  of  commissioners  of  ttie  sinking  fund 
of  The  City  of  New  York  as  heretofore  constituted  is  abolished. 
All  powers  and  duties  heretofore  by  law  or  ordinance  vested  in 
or  imposed  upon  the  said  board,  or  any  board  or  body  analogous 
thereto  of  the  municipalities  or  parts  thereof,  heretofore  united 
and  consolidated  to  form  the  city,  and  of  the  counties  within  the 
city,  are  devolved  upon  the  board  of  estimate  and  apportionment, 
which  for  the  purposes  of  all  such  powers  and  duties 
shall  become  and  be  the  commissioners  of  the  sinking  fund 
of  the  city.  The  term  "  board,"  wherever  used  in  this  chapter, 
shall  mean  the  board  of  estimate  and  apportionment,  acting  as 
commissioners  of  the  siziking  funds.  The  board  shall  administer 
each  of  the  several  sinking  funds  of  the  city,  and  shall  carry 
out  the  several  trusts  and  fulfill  the  obligations  relating  thereto, 
in  the  same  manner  as  the  board  of  commissioners  of  the  sinking 
fund  of  The  City  of  New  York  were  by  law  or  ordinance  required 
to  do  before  the  date  when  this  act  takes  effect.  The  assets  and  ac- 
counts of  each  of  said  sinking  funds  shall,  except  as  in  this  act 
otherwise  provided,  be  kept  separate  and  distinct,  and  the  same 
shall  in  all  respects  be  administered  as  independent  trusts,  subject 
to  and  governed  by  the  several  provisions  of  law  or  ordinance  here- 
tofore relating  thereto,  with  the  intent  and  purpose  of  preserving 
inviolate  the  rights  of  holders  of  bonds  and  stocks  heretofore  issued 
by  any  of  the  municipal  and  public  corporations  or  parts  thereof 
heretofore  united  and  consolidated  to  form  the  city,  including  the 
coimties  of  Kings  and  Richmond. 

§  75.  The  sinking  funds  are  las  follows  and  each  of  the  same 
shall  be  continued  and  preserved  inviolate  until  the  purpose  for 
which  it  was  created  shall  have  been  fulfilled : 

1.  The  "  sinking  fund  of  The  City  of  New  York  for  the  re- 
demption of  the  city  debt,"  being  the  sinking  fund  for  the  redemp- 
tion of  the  debt  of  the  mayor,  aldermen  and  commonalty  of  The 
City  of  New  York  as  such  corporation  existed  prior  to  January 
one,  eighteen  hundred  and  ninety-eight; 

2.  The  "  sinking  fund  of  The  City  of  New  York  for  the  pay- 
ment of  interest,"  being  the  sinking  fund  for  the  payment  of  in- 

[30. 1 


37 

terest  accruing  and  to  accrue  upon  the  debt  referred  to  in  the 
preceding  subdivision  of  this  section ; 

3.  "  The  sinking  fund  for  the  redemption  of  the  city  debt  num- 
ber two,"  being  the  siidving  fund  for  the  redemption  of  the  water 
bonds  of  the  mayor,  aldermen  and  commonalty  of  The  City  of 
'New  York  issued  by  the  said  corporation  between  the  first  day 
of  January,  eighteen  hundred  and  eighty-four,  and  January  one, 
eighteen  hundred  and  ninety-eight ; 

4.  "  The  sinking  fund  of  the  city  of  Brooklyn,"  being  the  sink- 
ing fund  for  the  redemption  of  the  debt,  except  for  water  purposes, 
of  the  city  of  Brooklyn,  as  the  debt  existed  prior  to  January  one, 
eighteen  hundred  and  ninety-eight ; 

5.  '*  The  water  sinking  fund  of  the  city  of  Brooklyn,"  being 
the  sinking  fund  for  the  redemption  of  the  bonds  of  the  said  city 
issued  for  water  purposes  prior  to  January  one,  eighteen  hundred 
and  ninety-eight ; 

6.  "  The  sinking  fund  of  Long  Island  City  for  the  redemption 
of  revenue  bonds ;" 

7.  "  The  sinking  fund  of  Long  Island  City  for  the  redemption 
of  water  bonds,"  issued  by  said  city  prior  to  January  one,  eighteen 
hundred  and  ninety-eight; 

8.  "  The  sinking  fund  of  Long  Island  City  for  the  redemption 
of  fire  bonds,"  issued  by  said  city  prior  to  January  one,  eighteen 
hundred  and  ninety-eight ; 

9.  "  The  sinking  fund  of  The  City  of  Xew  York,"  being  thb 
sinking  fund  for  the  redemption  of  the  corporate  stock  of  The 
City  of  New  York,  other  than  for  water  purposes,  issued  since 
January  one,  eighteen  hundred  and  ninety-eight; 

10.  "  The  water  sinking  fund  of  The  City  of  New  York," 
being  the  sinking  fund  for  the  redemption  of  corporate  stock  of 
The  City  of  New  York  issued  for  water  purposes  since  January 
one,  eighteen  hundred  and  ninety-eight; 

11.  The  special  sinking  fund  heretofore  created  for  the  re* 
demption  of  corporate  stock  issued  for  ]nirposes  of  rapid  transit; 

12.  Such  special  sinking  funds  as  may  hereafter  be  created  for 
the  redemption  of  corporate  stock  issued  for  purposes  of  rapid 
transit. 

§  76.  "  The  sinking  fund  of  The  City  of  New  York,"  as  the 
same  now  exists,  shall  be  continued  and  shall  have  for  its  purposes 
the  payment  of  the  principal  of  the  debt  of  the  city  incurred  after 
January  one,  eighteen  hundred  and  ninety-eight,  or  which  shall 
hereafter  be  incurred  as  to  which  no  provision  for  pa^^nent,  other- 


38 

wise  than  from  taxation  is  made;  but  revenue  bonds,  special  rev- 
enue bonds,  general  fund  bonds,  bonds  issued  to  provide  for  the 
supply  of  vp-ater  and  assessment  bonds,  shall  not  be  a  charge  upon 
the  said  sinking  fund.  In  determining  said  debt  there  shall  alsc 
be  deducted  the  amounts  annually  received  from  the  operation  oi 
any  rapid  transit  railroad  or  railroads  for  the  construction  of 
which  bonds  have  been  or  shall  hereafter  be  issued  pursuant  to 
the  provisions  of  the  rapid  transit  act  applicable  to  the  city  or 
any  municipal  corporation  or  territory  embraced  therein.  For 
the  redemption  of  such  debt  there  shall  be  included  annually  in 
the  budget  and  paid  into  the  sinking  fund  of  The  City  of  JSTew 
York  as  heretofore  created  and  hereby  continued,  an  amount,  to 
be  estimated  and  certified  by  the  comptroller,  which,  with  the  ac- 
cumulations of  interest  thereon,  shall  be  sufficient  to  meet  and  dis- 
charge such  debt  at  maturity ;  and  this  amount  shall  not  be  subject 
to  rejection  or  reduction  by  the  council. 

§  77.  Whenever  the  bonds  and  stocks  which  are  charges  or 
liens  on  any  sinking  fund  shall,  in  resjaect  to  any  such  sinking 
fund,  be  wholly  discharged,  the  revenues  of  such  sinking  fund 
shall  tlaereupon  and  thereafter  be  paid  into  the  "  sinking  fund  of 
The  City  of  New  York."  Whenever  such  payments  shall  be  made, 
the  comptroller  in  making  the  certificate  to  the  board  of  estimate 
and  apportionment  as  required  by  section  seventy-six,  shall 
take  into  account  the  amount  thereof,  and  the  board  shall  deduct 
the  same  from  the  estimated  amount  to  be  included  in  eacli  year's 
budget  as  herein  provided. 

§  78.  The  fund  known  as  the  "  sinking  fund  of  The  City  of 
N^ew  York  for  the  payment  of  interest "  accruing  and  to  accrue 
upon  the  stocks  of  said  city  until  the  same  be  fully  and  finally  re- 
deemed, shall,  after  providing  for  the  interest  on  the  bonds  and 
stocks  now  payable  therefrom  as  provided  by  law,  form  a 
fund  which  shall  be  transferred  to  the  "  sinking  fund  of  The  City 
of  New  York  for  the  redemption  of  the  city  debt ;"  provided,  how- 
ever, that  nothing  herein  contained  shall  authorize  the  payment 
from  said  fund  of  any  interest  which  may  accrue  on  bonds  issued 
"by  the  corporation  of  The  City  of  New  York  since  January  first, 
eighteen  hundred  and  ninety-eight,  or  which  may  liereafter  be 
issued  by  the  city.  Like  funds  in  any  of  the  municipal  or  public 
corporations  or  parts  thereof  heretofore  m^ade  part  of  the  corpora- 
tion of  The  City  of  New  York,  including  the  counties  of  Kings 
and  Richmond,  shall  likewise  be  continued;  and  any  surplus  that 
may  remain  therein  after  fully  satisfying  all  claims,  liens  or 


39 


charges  that  may,  pursuant  to  law  or  ordinance,  exist  against  sucb 
funds  shall,  unless  otherwise  provided  by  law,  be  transferred  to 
the  "  sinking  fund  of  The  City  of  Xew  York." 

§  79.  1.  Between  the  city  and  its  creditors,  holders  of  its 
bonds  and  stocks,  including  the  bonds  or  stocks  of  tho  municipal 
or  public  corporations  or  parts  thereof  consolidated  to  form  The 
City  of  New  York,  and  of  the  counties  of  Kings  and  Kichmond, 
there  shall  be  and  there  is  hereby  declared  to  be  a  contract  that  the 
funds  and  revenues  of  the  city,  of  all  other  corporations  herein 
mentioned  and  of  said  counties  of  Kings  and  Richmond,  and  the 
funds,  pursuant  to  any  law,  to  be  collected  from  assessments  by 
this  chapter  pledged  to  the  sinking  fund  for  the  redemption  of 
the  city  debt,  shall  be  accumulated  and  applied  only  to  the  pur- 
poses of  the  said  several  sinking  funds  as  prescribed  by  law,  until 
all  of  said  debt  redeemable  therefrom  be  fully  redeemed  and  paid 
as  herein  provided. 

2.  No  reduction  ^hall  be  made  in  any  of  the  rates  or  charges 
affecting  any  item  or  source  of  the  revenue  of  any  sinking  fund 
or  of  the  general  fund,  except  that  places  of  public  worship  may 
be  exempted  from  the  payment  of  any  fee  for  the  construction 
of  vaults  under  the  sidewalk  or  in  front  thereof.  All  revenues  of 
the  city  not  by  law  otherwise  specifically  appropriated,  shall, 
when  received  into  the  city  treasury,  be  credited  to  the  general 
fund,  except  such  proceeds  of  policies  of  insurance  as  shall  be 
authorized  by  the  board  of  estimate  and  apportionment  to  be 
applied  to  repair,  replace  or  reconstruct  any  public  property 
injured  or  destroyed  and  covered  by  such  insurance. 

§  80.  Nothing  in  this  chapter  shall  be  held  to  require  or 
authorize  the  commissioners  of  the  sinking  fund  to  use  or  apply 
anv  of  the  revenues  of  the  sinking  fund  for  the  redemption  of  the 
city  debt  or  any  of  the  accumulations  in  said  fund,  in  such  man- 
ner as  to  lessen  or  impair  the  security  now  furnished  by  said 
fund  for  the  payment  of  tho  bonds  and  stocks  of  the  corporation 
known  as  the  mayor,  aldermen  and  commonalty  of  The  City  of 
Kew  York  for  the  payment  of  which  the  said  fund  is  now 
plctlffod  bv  law;  and  the  said  bonds  and  stocks  so  secured  by  law 
are  hereby  declared  to  constitute  a  preferred  charge  on  said  sink- 
ing fund  until  the  same  shall  be  fully  and  finally  paid. 

§  81.  The  "consolidated  stock"  of  the  mayor,  aldermen  and 
commonaltv  of  The  City  of  New  York,  issued  pursuant  to  the 
provisions  of  section  one  hundred  and  seventy-six  of  chapter 
four  hundred  and  ten  of  the  laws  of  eighteen  hundred  and  eighty- 


40 

two,  after  full  provision  for  tlie  preferred  bonds  land  stocks  of 
said  city,  as  in  the  preceding  section  specified,  shall  form  a  charge 
upon  the  said  "  sinking  fund  for  the  redemption  of  the  city  debt," 
.and  any  part  of  the  bonded  debt  of  said  corporation  due  and  not 
exchanged  for  or  redeemed  from  the  proceeds  of  said  consolidated 
stock  as  provided  by  law,  may  be  paid  from  said  "  sinking  fund 
of  The  City  of  ISTew  York,  for  the  redemption  of  the  city  debt," 
provided  such  payment  shall  not  in  any  way  impair  the  preferred 
claims  thereon  as  specified  in  the  preceding  section. 

§  82.  Whenever  the  revenues  or  income  of  any  sinking  fund 
will,  in  the  opinion  of  the  board,  be  less  in  any  year  than  the 
amount  required  to  jDay  the  interest  upon  the  bonds  and  stocks 
redeemable  from  said  fund  and  to  provide  a  sum,  which  with  the 
accumulation  of  interest  thereon  shall  be  sufficient  to  redeem 
said  bonds  and  stocks  at  their  maturity,  the  board  of  estimate  and 
apportionment  shall  include  the  amount  of  such  deficiency  in  the 
annual  budget  for  the  year  next  ensuing  to  be  raised  by  tax  on  the 
estates,  real  and  personal,  in  said  city,  subject  to  taxation:  and 
the  amount  so  raised  by  tax  shall,  on  the  first  day  of  November 
of  the  year  in  which  the  same  shall  be  levied,  be  paid  to  the 
board  as  commissioners  of  the  sinking  fund  for  account  of  the 
sinking  fund  in  which  the  deficiency  exists. 

§  83.  The  board,  acting  as  commissioners  of  the  sinking 
fund,  is  authorized  and  empowered  to  call  in,  pay  and  redeem 
any  of  the  obligations  of  the  city  as  defined  in  section  eighty-four 
of  this  act,  except  revenue  bonds,  special  revenue  bonds  and  as- 
sessment bonds,  and  for  this  purpose  may  by  resolution  receiving 
at  least  twelve  votes  direct  the  comptroller  to  issue  and  sell  corpo- 
rate stock  at  not  less  than  par.  All  certificates  so  redeemed  shall 
be  cancelled  forthwith. 


CHAPTER  VII. 

Corporate  Stock,  Bonds  and  Obligations. 

Section  84.  Obligations  for  the  payment  of  money,  other  than 
contracts  for  work,  materials  and  supplies,  hereafter  entered  into 
or  issued  by  the  city,  shall  be  of  the  following  classes  only, 
namely : 

1.  Assessment  bonds; 

2.  Kevenue  bonds ; 

3.  Special  revenue  bonds ; 

4.  General  fund  bonds ; 

5.  Corporate  stock. 

Corporate  stock  shall  be  of  three  classes  only,  namely: 

Class  A.  Eedeemable  from  the  sinking  fund  of  The  City  of 
New  York ; 

Class  B.  Eedeemable  from  the  water  sinking  fund  of  The  City 
of  New  York; 

Class  C.  Eedeemable  from  any  sinking  fund  created  pursuant 
to  the  provisions  of  the  rapid  transit  act,  chapter  four  of  the 
laws  of  eighteen  hundred  and  ninety-one,  and  the  acts  amendatory 
thereof. 

For  the  redemption  and  payment  of  all  classes  of  obligations 
enumerated  in  this  section,  and  the  interest  thereon,  the  faith  and 
credit  of  the  city  shall  Ix-  and  are  hereby  pledged. 

§  85.  No  obligations  of  the  classes  enumerated  in  section 
eighty-four  shall  be  issued  unless  authorized  by  the  board  of 
estimate  and  apportionment  by  at  least  twelve  votes.  All  suras 
received  by  the  city  from  the  sale  of  any  such  obligations,  in 
excess  of  the  par  or  face  value  thereof,  shall  be  paid  into  the 
general  fund  for  the  reduction  of  taxation. 

§  86.  The  several  classes  of  obligations  enumerattd  in  section 
eighty-four  are  as  follows,  respectively: 

1,  "  Assessment  bonds  " — 

a.  Obligations  issued  to  provide  means  necessary  to  pay 
all  damages  awarded  by  commissioners  of  estimate  and  assess- 
ment in  reports  hereafter  or  heretofore  confirmed  in  proceedings 
taken  to  open,  widen  or  extend  any  street,  park  or  parkway,  or  to 
acquire  title  to  lands  required  for  any  bridge,  tunnel  or  approach 
thereto,  the  expense  whereof  is  to  be  collected  by  assessment  in 

[41] 


42 

whole  or  in  part  upon  the  property  benefited,  and  the  commis- 
sioners' fees  and  the  costs  and  expenses  of  such  proceedings,  as 
taxed  therein.  These  bonds  shall  be  known  as  street  and  park 
opening  assessment  bonds. 

b.  (1)  Obligations  issued  to  provide  means  necessary  to 
pay  all  expenses  incurred  or  to  be  incurred  on  account  of  regulat- 
ing, grading,  curbing,  flagging  and  paving  streets,  constructing 
sewers  and  drains,  for  the  right  of  way  required  for  sewers  or 
drains,  the  expense  of  plans  and  surveys  and  the  fees  of  com- 
missioners, and  on  account  of  all  other  work  ordered  to  be  done 
by  contract  by  virtue  of  any  resolution  of  the  board  of  estimate 
■and  apportionment  or  any  local  board  the  expense  whereof  is 
to  be  collected  by  assessment  in  whole  or  part  upon  the  property 
benefited,  or  on  account  of  any  local  improvement  or  other  public 
work  heretofore  executed  or  hereafter  to  be  executed  under  the 
provisions  of  any  law  in  all  cases  in  which  such  expense  is  to  be 
paid  in  whole  or  part  by  assessment  upon  the  property  bene- 
fited. These  bonds  shall  be  known  as  street  improvement  fund 
bonds. 

b.  (2)  Obligations  issued  to  meet  the  cost  of  restoring  street 
pavements  broken  or  damaged  by  any  person  or  corporation  au- 
thorized by  permit  to  open  the  streets  as  provided  in  the  adminis- 
trative code.  The  moneys  collected  pursuant  to  the  provisions  of 
the  administrative  code  shall  be  set  apart  when  collected  as  a 
trust  fund  and  applied  to  the  redemption  of  the  principal  and 
interest  of  such  bonds. 

b.  (3)  Obligations  issued  to  provide  the  means  necessary  to 
pay  the  expense  of  any  local  improvement,  the  full  expense 
whereof  is  not  assessed  upon  the  property  benefited  by  such  work 
because  of  section  two  hundred  and  sixty-eight. 

e.  Obligations  issued  when  the  amount  in  the  street  and  park 
opening  fund  or  in  the  street  improvement  fund  shall  be  insuffi- 
cient to  meet  and  pay,  as  they  become  due  and  payable,  any  bonds 
theretofore  issued  by  the  city  payable  from  said  funds  respectively. 

d.  Obligations  issued  to  provide  such  amounts  as  may  be  re- 
quired to  meet  when  necessary  deficiencies  caused  by  delay  in  col- 
lecting arrears  of  assessment,  the  aggregate  amount  so  issued  not 
to  exceed  at  any  time  the  aggregate  amount  of  arrears  then  out- 
standing not  deemed  collectible. 

2.  "Revenue  bonds"  —  bonds  or  obligations  issued  in  an- 
ticipation of  the  collection  of  taxes  and  redeemable  out  of  the  tax 


43 

levy  for  the  year  in  which  they  are  issued,  and  the  amount  of 
which  in  no  year  shall  exceed  the  amount  of  such  levy. 

3.  "  Special  revenue  bonds  " —  bonds  or  obligations  redeemable 
out  of  the  proceeds  of  the  tax  levy  for  the  year  immediately  suc- 
ceeding the  year  of  their  issue  and  for  the  full  payment  of  which 
provision  shall  be  made  in  the  budget  for  the  year  next  following 
the  year  of  their  issue; 

4.  "  General  fund  bonds  " —  bonds  or  obligations  the  issue  of 
which  is  authorized  by  section  ninety-eight. 

5.  "  Corporate  stock  of  The  City  of  New  York  " —  all  other 
bonds  or  obligations  which  shall  be  issued  only  to  provide  mean^ 
necessary  to  })ay  the  cost  of 

(1)  Permanent  improvements; 

(2)  Acquisition  of  real  property; 

(3)  Acquisition  of  the  rights  of  persons  or  corporations  in  and 
to  franchises  as  defined  in  section  five  of  this  act ; 

(4)  Acquisition  of  lands  and  easements  for  rapid  trani^it  rail- 
roads and  the  construction  and  equipment  thereof ; 

(5)  Redemption  of  corporate  stock  at  maturity;  and  of  assi  r-s- 
ment  bonds  authorized  to  be  issued  by  this  chapter ; 

(6)  Ivetirement  and  refunding  of  the  city  debt  or  any  part 
thereof  at  any  time  existing; 

(7)  Personal  property  of  durable  character ;  but  corporate  stock 
shall  not  be  issued  for  the  purchase  of  personal  property  which  i- 
perishable  or  in  the  nature  of  a  supply  for  current  use. 

Nothing  herein  contained  shall  be  deemed  to  prohibit  the  i?- 
sne  of  corporate  stock  authorized  or  required  to  be  issued  by  any 
statute  in  force  immediately  prior  to  the  date  when  this  act  takes 
effect  if  all  such  stock  shall  not  theretofore  have  been  issued. 

§  87.  All  obligations  of  the  classes  enumerated  in  section 
eighty-four  shall  be  free  and  exempt  from  all  taxation.  Such 
obligations  shall  be  in  form  as  designated  by  the  comptroller  and 
mayor,  and  shall  be  signed  by  the  comptroller,  sealed  with  the 
common  seal  of  the  city,  and  attested  by  the  city  clerk. 

§  88.  The  cor}x»rate  stock  of  the  city  shall  be  in  the  form  af 
coupon  stock  or  registered  stock,  and  the  certificates  thereof  shall 
be  of  such  denominations  of  not  loss  than  ten  dollars  each  as  the 
comptroller  may  determine.  It  shall,  at  his  option,  be  conditioned 
to  be  paid  in  gold  coin  or  legal  currency  of  the  United  States,  or 
in  sterling,  francs,  or  marks,  at  a  stipulated  rate  of  exchange,  and 
shall  be  made  redeemable  at  a  period  of  not  less  than  ten  years 
nor  more  than  fifty  years  from  the  date  thereof. 


44 

§  89.  The  interest  to  be  paid  on  the  obligations  of  the  city  au- 
thorized to  be  issued  by  this  chapter,  except  interest  upon  revenue 
bonds  and  special  revenue  bonds,  shall  not  exceed  the  rate  of  four 
per  centum  per  annum  on  corporate  stock,  or  five  per  centum 
per  annum  on  assessment  bonds ;  and  interest  on  all  obligations  of 
the  city  shall  be  made  payable  at  times  and  places  to  be  fixed  by 
the  comptroller  at  the  time  of  their  issue. 

§  90.  All  bonds  and  stock  of  the  city  which  may  hereafter 
be  issued,  except  such  bonds  or  stock  as  may  be  purchased  for  in- 
vestment of  any  sinking  funds,  shall  be  offered  at  public  sale  by 
the  comptroller,  and  proposals  therefor  shall  be  invited  by  public 
advertisement  for  at  least  ten  days ;  but  the  board  of  estimate 
and  apportionment  may  authorize  the  comptroller  to  issue  rev- 
enue bonds  or  special  revenue  bonds  without  public  advertisement. 
No  proposals  for  less  than  the  par  value  of  such  bonds  or  stock 
shall  be  received.  Every  bidder  shall,  at  the  time  of  his  proposal, 
deposit  with  the  comptroller  in  cash,  or  by  a  certified  check 
drawn  to  the  order  of  the  comptroller  upon  a  trust  company  or 
a  bank  incorporated  and  doing  business  under  the  laws  of  this 
state,  or  upon  a  national  bank,  a  sum  to  be  fixed  by  the  comp- 
troller, not  exceeding  two  and  one-half  per  centum  of  the  par 
value  of  the  bonds  or  stock  bid  for  in  such  proposal.  Deposits 
other  than  those  made  by  bidders  to  whom  awards  of  such  bonds 
or  stock  are  made,  shall  be  returned  to  the  bidders  within  three 
days  after  awards  of  the  bonds  or  stock  offered  for  sale  shall 
have  been  made.  Proposals  for  all  or  none  of  the  bonds  or  stock 
offered  for  sale  shall  be  received  only  from  persons  who  shall  also 
have  bid  for  all  or  any  part  of  the  bonds  or  stock.  Bidders  may  be 
required  to  accept  part  of  the  bonds  or  stock  bid  for  by  them  at 
the  prices  specified  in  their  bids,  if  such  bids  be  not  made  for  all 
or  none.  All  proposals  received  shall  be  opened  by  the  comp- 
troller in  the  presence  of  at  least  two  other  members  of  the  board 
of  estimate  and  apportionment.  Bonds  or  stock  offered  for  sale 
shall  be  awarded  by  the  comptroller  to  the  highest  bidders  there- 
for ;  and  if  said  highest  bidders  shall  fail  to  pay  the  amount  bid  by 
them  for  such  bonds  or  stock,  less  the  amount  deposited  with  their 
proposals,  to  the  comptroller,  within  five  days  after  service  upon 
them  of  written. notice  of  such  award,  the  amount  of  said  deposit 
shall  be  forfeited  to  and  retained  by  the  said  city  as  liquidated 
damages,  and  shall  thereafter  be  paid  into  the  sinking  fund  of 
The  City  of  ISJ'ew  York  for  the  redemption  of  the  city  debt.  The 
comptroller  may,  with  the  approval  of  the  board  of  estimate  and 


45 

apportionment,  reject  any  or  all  bids  received  at  any  sale.  If  at 
any  time  any  part  of  the  bonds  or  stock  so  offered  at  public  sale 
shall  fail  to  be  sold,  the  comptroller  may  sell  the  same  at  private 
sale,  for  not  less  than  the  par  value  thereof. 

§  91.  Upon  the  application  of  the  owner,  either  in  person  or 
by  attorney,  any  obligation  of  the  foregoing  classes  shall  be  regis- 
tered in  the  finance  department,  and  such  obligation  shall  there- 
after be  transferable  only  upon  the  books  of  the  city,  and  in  ac- 
cordance with  reasonable  rules  to  be  prescribed  by  the  comp- 
troller, and  the  fact  of  such  registry  and  transfer  shall  be  in- 
dorsed thereon  by  direction  of  the  comptroller.  Stocks  or 
bonds  which  have  been  or  may  be  issued  in  coupon  form, 
may  be  registered  in  accordance  with  reasonable  rules  pre- 
scribed by  the  comptroller;  and  the  interest  on  all  such 
coupon  stock  or  bonds  when  so  registered  shall,  as  the  same 
becomes  due  and  payable,  be  paid  in  like  manner  as  upon 
registered  stock  or  bonds  of  the  city.  Whenever  stock  or  bond? 
so  registered  shall  have  coupons  attached,  the  comptroller  may, 
upon  registration,  detach  such  coupons  and  cause  the  registration 
of  such  stock  or  bonds  to  be  indorsed  thereon,  with  a  reference  to 
this  section.  Such  registration  shall  not  affect  the  negotiability  of 
the  coupons  belonging  to  any  coupon  bond ;  but  every  such  coupon 
shall  continue  to  pass  by  delivery  and  shall  remain  payable  to 
bearer.  Any  registered  bond  may  be  discharged  from  registry  by 
transfer  in  like  manner  upon  the  books  of  the  city  to  bearer,  ard 
thereafter  transferability  by  delivery  shall  be  restored.  Any  reg- 
istered bond,  without  coupons,  may  be  transferred  in  like  manner 
upon  the  books  of  the  city,  upon  surrender  of  the  certificate  of 
stock  or  the  bond  for  cancellation,  accompanied  by  delivery  of 
a  written  instrument  of  transfer,  in  a  form  approved  by  the 
comptroller,  duly  executed  by  the  registered  holder  of  such  certifi- 
cate of  stock  or  bond,  and  thereupon  a  new  registered  bond  or 
certificate  of  stock  for  an  equivalent  sum  shall  be  issued  to  the 
transferee  or  transferees. 

§  92.  The  comptroller  a:?  authorized  by  the  board  of  estimate 
and  apportionment  shall  issue  for  such  periods  as  he  may  deter- 
mine, not  exceeding  ten  years: 

1.  Street  and  park  opening  bonds. 

2.  Street  improvement  fund  bonds. 

3.  Assessment  bonds  authorized  for  other  purposes. 

The  purpose  for  which  these  several  classes  of  assessment  l>onds 
shall  be  issued  shall  be  briefly  statetl  upon  the  face  of  each  bond. 


46 

§  93.  The  fund  heretofore  established  and  now  existing  in  the 
city  treasury  entitled  the  ''  fund  for  street  and  i3ark  openings  " 
shall  be  continued  and  shall  consist  of 

1.  Whatever  cash  balance  in  said  fund  may  upon  January  first, 
nineteen  hundred  and  ten,  be  on  deposit  in  the  city  treasury ; 

2.  Whatever  sums  shall,  under  the  provisions  of  law  in  force 
on  December  thirty-first,  nineteen  hundred  and  nine,  be  required 
to  be  paid  into  said  fund; 

3.  All  moneys  received  from  the  sale  of  assessment  bonds  known 
as  street  and  park  opening  bonds ; 

4.  All  moneys  hereafter  collected  by  the  city  for  or  on  account 
of  assessments  made  and  confirmed  or  hereafter  to  be  made  and 
confirmed  for  opening  any  street,  park  or  parkway  or  acquiring 
title  to  land  required  for  any  bridge,  tunnel  or  approach  thereto ; 

5.  All  moneys  received  from  the  sale  of  corporate  stock  to  pro- 
vide means  to  pay  such  proportion,  if  any,  of  the  damages 
awarded  by  commissioners  of  estimate  and  assessment  in  pro- 
ceedings taken  to  open  any  street,  park  or  parkway,  or  to  acquire 
title  to  land  required  for  any  bridge,  tunnel  or  approach  thereto, 
and  all  the  costs  and  expenses  of  such  proceedings,  as  the  board 
of  estimate  and  apportionment  shall  by  resolution  direct  to  be 
paid  by  the  city. 

All  damages  awarded  by  the  commissioners  of  estimate  and 
assessment  in  reports  heretofore  or  hereafter  confirmed  in  proceed- 
ings taken  to  open  any  street,  park  or  parkway  or  to  acquire  title 
to  land  required  for  any  bridge,  tunnel  or  approach  thereto,  all 
commissioners'  fees,  and  all  costs  and  expenses  of  such  proceedings 
shall  be  paid  from  said  fund. 

§  94.  1.  All  street  and  park  opening  bonds  shall  when  due  be 
paid  from  the  fund  for  street  and  park  openings;  and  in  case 
said  fund  shall  be  insufficient  for  that  purpose  the  comptroller, 
when  thereto  authorized  by  the  board  of  estimate  and  apportion- 
ment, shall  issue  corporate  stock  for  an  amount  sufficient  to  pay 
such  street  and  park  opening  bonds ;  or  may,  for  the  like  purpose 
and  to  the  extent  necessary,  issue  new  street  and  park  opening 
bonds. 

2.  Whenever  the  amount  of  the  damages  awarded  in  any  report, 
together  with  commissioners'  fees  and  the  expenses  and  costs  shall 
exceed  the  balance  remaining  in  said  fund  after  deducting  all  out- 
standing claims  against  said  balance,  the  comptroller,  when  author- 
ized .by  the  board   of   estimate    and   apportionment,    shall   raise 


47 

hy  ilie  issue  aud  tale  of  street  and  park  opening  bonds  such 
amounts  as  shall  be  necessary  to  pay  such  damages,  iees,  costs  and 
expenses,  but  not  to  exceed  the  amount  of  assetjsments  remaining 
uncollected  and  a  lien  upon  lands  assessed  for  the  benefit  of  street 
and  park  openings  added  to  the  amount  of  the  assessments  that 
remain  to  be  imi)oscd  in  proceedings  in  which  awards  only  have 
been  confirmed :  provided,  however,  that  in  each  and  every  case 
in  which  by  virtue  of  any  existing  statute  or  any  statute  hereafter 
enacted,  or  by  virtue  of  any  act  or  resolution  heretofore  or  here- 
after adopted  by  any  board  or  body  having  jurisdiction  ])ursuant 
to  any  statute,  the  whole  or  any  portion  of  the  awards  made  in  any 
proceeding  and  of  the  fees,  costs  and  expenses  thereof,  are  payable 
out  of  the  fund  for  street  and  park  openings  and  are  not  to  be 
assessed  upon  the  property  benefited,  but  are  to  be  paid  by  the 
city,  the  board  of  estimate  and  apportionment  may  direct  the 
amount  so  to  be  paid  by  the  city  to  be  raised  by  the  issue  and  sale 
of  corporate  stock,  the  proceeds  of  sale  to  be  paid  into  the  fund  for 
street  and  park  openings. 

§  95.  The  fund  heretofore  and  now  existing  in  the  city  treas- 
ury and  entitled  the  "  street  improvement  fund  "  shall  be  con- 
tinued and  shall  consist  of 

1.  All  moneys  received  from  the  sale  of  street  improvement 
fund  bonds  issued  for  the  purpose  of  providing  means  to 
pay  the  cost  of  regiilating,  grading,  curbing,  flagging  and  paving 
streets,  constructing  sewers  and  drains,  for  the  right  of  way  re 
quireel  for  sewers  and  drains,  the  expense  of  plans  and  surveys, 
and  the  fees  of  commissioners,  and  all  other  work  ordered  to  be 
done  by  contract  by  virtue  of  any  resolution  which  may  hereafter 
be  adopted  by  the  board  of  estimate  and  apportionment,  or  the 
expense  of  which  work  is  to  be  collected  by  assessment  in  whole 
or  in  part  from  the  property  benefited  thereby,  or  issued  on  ac- 
count of  any  local  improvement  or  other  public  work  heretofore 
executeel  or  which  shall  hereafter  be  executed  under  the  provisions 
of  any  law  in  all  cases  in  which  such  expense  is  to  be  paid  in 
w^hole  or  in  part  by  assessment  upon  the  property  benefited ; 

2.  Cash  balances  of  assessments  heretofore  collected  or  to  be 
hereafter  collected  on  account  of  similar  contracts  duly  entered 
into  by  the  proper  authorities  prior  to  January  first,  nineteen 
hundred  and  ten ; 

3.  AVhatever  sums  shall  under  the  provisions  of  law  in  force  on 
December  thirty-first,  nineteen  huudreel  and  nine,  be  required  to 
be  paid  into  said  fund ; 

4.  All    moneys,   not   expressly  pledged   to  any   sinking  fund. 


4S 

collected  by  the  city  for  or  on  account  of  assessments  made  and 
confirmed  or  hereafter  to  be  made  and  confirmed  against  areas 
of  benefit  for  any  purpose  described  in  subdivision  one  of  this 
section ; 

5.  All  moneys  received  from  the  sale  of  'corporate  stock  issued 
to  provide  means  necessary  to  pay  the  portion  if  any  of  the  ex- 
pense of  such  work  which  the  board  of  estimate  and  apportion- 
ment may  by  resolution  direct  to  be  paid  by  the  city;  or  issued 
to  pay  the  expense  of  any  local  improvement  in  whole  or  in  part, 
because  the  assessment  therefor  has  been  set  aside  in  whole  or 
in  part. 

All  street  improvement  fund  bonds  shall  be  paid  from  the 
street  improvement  fund. 

§  96.  Special  revenue  bonds. —  The  comtproller,  as  authorized 
by  the  board  of  estimate  and  apportionment,  shall  issue  special 
revenue  bonds  to  provide  the  means  necessary  to  make  payments 
for  the  following  purposes : 

1.  Expenses  necessarily  incurred  in  condemning  unsafe  build- 
ings ; 

2.  Amounts  audited  and  directed  to  be  paid  by  the  board  of 
estimate  and  apportionment  pursuant  to  subdivision  one  of  sec- 
tion sixty-six  of  this  act; 

3.  The  reasonable  costs,  counsel  fees  and  expenses  paid  or  in- 
curred or  which  shall  hereafter  be  paid  or  incurred  by  any  head 
of  department,  city  magistrate  or  judge  of  special  sessions  who 
shall  have  been  a  successful  party  to  any  proceeding  or  trial  to  re- 
move him  from  office,  or  who  shall  bring  any  action  or  proceeding 
in  which  his  title  to  office  is  in  any  way  involved ; 

4.  Such  amounts  as  may  be  necessary  to  pay  judgments  re- 
covered against  the  city;  provided,  Jiowever,  that  when  such  judg- 
ments shall  have  been  recovered  for  county  charges  or  liabilities 
of  any  of  the  counties  included  within  the  city,  separate  accounts 
shall  be  kept  thereof,  and  the  amount  of  all  special  revenue  bonds 
issued  for  such  purposes  shall  be  chargeable  against  the  counties 
respectively  in  the  year  in  which  such  bonds  shall  be  redeemed ; 

5.  Sums  necessary,  as  determined  by  the  board  of  estimate  and 
apportionment  to  meet  the  expenditures  for  the  prevention  of 
danger  from  contagious  or  infectious  diseases,  in  excess  of  the  ap- 
propriation made  to  the  health  department  for  any  current  year 
for  that  purpose; 

6.  Claims,  charges,  expenses  and  appropriations  which  have 
been   or  may  la^vfully  be   payable  by  the  city  and  the  several 


4!> 

counties  wholly  iucluUed  within  its  limits,  and  for  which  no  other 
provision  for  payment  has  been  made :  and  separate  accounts  shall 
be  kept  of  the  bonds  issued  and  payments  made  on  account  of 
county  charges  anil  expenses,  and  the  comptroller  shall  ct-rtify 
the  amounts  thereof  t<j  be  raised  by  tax  in  the  respective  counties 
and  to  be  included  in  the  general  fund  for  the  reduction  of 
taxation; 

7.  Deficiency  in  the  cost  of  operatiuii  and  maintenance  of  all 
the  ferries  operated  by  the  city  remaining  after  the  application 
to  such  cost  of  all  net  rentals  from  ferries  leased  by  the  city  and 
all  revenues  of  ferries  operated  by  the  city. 

§  97.  Revenue  Ixmds. —  The  comptroller  is  authorized  to  bor- 
row, from  time  to  time,  on  the  credit  of  the  city,  in  anticipation  of 
its  revenues,  such  sums,  not  exceeding  the  estimate  of  said  rev- 
enues, as  may  be  necessary  to  meet  the  expenditures  under  the 
appropriations  for  each  current  year,  including  such  amounts  as 
are  to  be  raised  by  the  city  for  county  purixtses. 

§  98.  General  fund  bonds. —  The  board  shall,  in  each  and 
every  year  until  the  maturity  of  all  bonds  and  stock  issued  by  the 
city  as  constituted  prior  to  January  first,  eighteen  hundred  and 
ninety-eight,  and  redeemable  from  ''  the  sinking  fund  of  The  City 
of  New  York  for  the  redemption  of  the  city  debt,"  set  apart  out 
of  the  revenues  and  income  of  said  sinking  fund,  except  the  in- 
come and  accumulation  thereof  derived  from  assets  held  by  said 
sinking  fund  on  January  first,  nineteen  hundred  and  three,  and 
except  also  the  income  and  accumulation  thereof  derived  from  the 
amount  to  be  thus  annually  set  apart,  a  sum  which,  with  the 
accumulation  of  interest  thereon,  together  with  the  said  assets  of 
said  sinking  fund  and  the  earnings  and  accumulations  thereof, 
shall  be  sufficient  to  redeem  at  maturity  all  said  bonds  and  stock 
redeemable  from  said  fund.  At  least  five  weeks  before  the 
annual  meeting  of  the  council  in  each  year  for  the  purpose 
of  determining  the  rate  of  taxation,  the  board  may  certify  to  the 
council  the  amount,  as  estimated  by  it,  of  income  from  all  sources 
of  said  sinking  fund  during  the  then  calendar  year,  and  the 
amount  required  by  this  section  to  be  set  apart  for  such  calendar 
vear  out. of  such  revenues  and  income  for  the  redemption  of  bonds 
and  stock  to  which  said  fund  is  pledged.  If  in  any  year  the 
estimated  amount  of  revenues  or  income  of  said  fund,  excepting 
the  income  and  accumulation  thereof  derived  from  the  assets  held 
by  said  fund  on  January  first,  nineteen  hundred  and  three,  and 
from  the  amounts  annually  set  apart  for  the  redemption  of  bonds 


50 

and  stock  as  by  this  section  required,  shall  exceed  the  amount 
required  to  be  set  apart  in  such  year  as  in  this  section  provided, 
the  board  may  at  the  time  of  making  said  certificate  to  the  coun- 
cil, determine  to  invest  the  whole  or  any  part  of  such  excess  in 
general  fund  bonds  for  account  of  "  the  sinking  fund  of  The  City 
of  New  York  for  the  redemption  of  the  city  debt;"  but  such 
investment  sliall  not  be  made  in  any  year  until  the  amount  re- 
quired by  this  section  to  be  set  apart  for  such  year,  as  provided 
herein,  shall  have  been  so  set  apart.  The  board  shall  then  notify 
the  comptroller  of  the  amount,  if  any,  which  it  has  determined 
to  invest  in  general  fund  bonds  during  the  current  year ;  the  comp- 
troller upon  its  order,  and  upon  receipt  of  the  money  thus  to  be  in- 
vested, shall  issue  and  deliver  to  the  board  for  account  of  said 
fund,  general  fund  bonds  of  the  face  value  of  the  money  received ; 
and  shall  forthwith  pay  into  the  city  treasury  the  money  thus 
received,  which  shall  be  deemed  to  be  a  part  of  the  general  fund 
and  be  used  for  the  reduction  of  taxation.  General  fund  bonds 
shall  be  issued  to  the  board  only,  except  as  hereinafter  in  this 
section  expressly  provided,  for  account  of  "  the  sinking  fund 
of  The  City  of  ISTew  York  for  the  redemption  of  the  city  debt." 
They  shall  be  valid  and  binding  obligations  of  the  city,  and  be  sub- 
ject to  all  provisions  of  law  applicable  to  corporate  stock  of  the 
city  not  inconsistent  with  this  section.  They  shall  bear  such  rate 
of  interest,  payable  from  taxation,  not  exceeding  four  per  centum 
per  annum,  and  not  less  than  the  rate  on  sinking  fund  investments 
made  at  the  time  in  other  corporate  stock  of  said  city,  as  shall  be 
determined  by  the  board.  Said  bonds  shall  be  due  and  payable 
at  such  time  as  shall  be  determined  by  said  board,  but  not  earlier 
than  the  year  nineteen  hundred  and  twenty-nine,  and  shall  in  all 
respects,  except  as  in  this  section  otherwise  expressly  provided,  be 
like  other  corporate  stock  and  bonds  of  the  city.  The  rights, 
powers,  duties  and  obligations  of  the  board  of  estimate  and  ap- 
portionment as  commissioners  of  the  sinking  fund  in  respect  of 
said  general  fund  bonds,  shall  be  the  same  in  all  respects,  except 
as  in  this  section  expressly  provided,  as  with  respect  of  all  other 
corporate  stock  of  said  city  in  said  sinking  fund.  When  all  bonds 
and  stock  of  the  former  city  of  ITew  York  redeemable  from  said 
fund  shall  have  been  paid,  all  general  fund  bonds  therein  shall 
be  canceled.  If  in  any  year  it  shall  appear  to  the  board  that  the 
revenues  and  income  of  the  said  fund  applicable  thereto  will  be 
insufficient  to  provide  the  sum  by  this  section  required  to  be  set 
apart  in  said  year,  the  board  shall  include  in  the  annual  budget 


51 

for  the  next  ensuing  year,  a  sum  sufficient,  when  added  to  the 
amount  of  the  estimated  revenues  and  ineume  for  that  yean  to  make 
good  the  deficiency ;  and  the  council  shall  have  no  power  to  reduce 
or  reject  any  such  appropriation.  If  at  any  time  it  shall  be  neces- 
sary, in  order  to  provide  for  the  redemption  of  said  bonds  and 
stock  redeemable  from  said  sinking  fund,  the  board  may  pur- 
chase from  said  sinking  fund  for  account  of  any  other  sinking 
fund  in  chapter  six  hereof  specified,  or  may  sell  at  public  sale 
to  the  highest  bidder,  such  amount  of  general  fund  bonds  then 
held  by  ''  the  sinking  fund  of  The  City  of  New  York  for  the  re- 
demption of  the  city  debt "  as  may  be  necessary  for  that  purpose. 
AVhenever  such  general  fund  bonds  are  so  purchased  for  other 
sinking  funds  of  the  city,  or  are  so  sold  at  public  sale,  they  shall 
be  a  charge  upon  "  the  sinking  fund  of  The  City  of  Xew  York,'' 
and  there  shall  be  raised  annually  by  taxation  and  paid  into  ''  the 
sinking  fund  of  The  City  of  New  York  "  a  sum  which,  with  the 
accumulation  of  interest  thereon,  shall  be  sufficient  to  redeem  said 
bonds  at  maturity. 


CHAPTER  VIII. 

The  Administrative  Departments. 


TITLE     I. 

General  Provisions. 

Section  99.  Except  as  otherwise  expressly  provided  by  law, 
the  head  of  every  department  may  appoint  and  remove  all  officers 
and  enijjloyees  under  his  control  without  reference  to  the  tenure 
of  office  of  such  j^erson  ajDpointed  or  employed. 

1.  The  number  of  officers  and  employees  in  any  department, 
and  the  salary  or  comjDensation  of  each,  shall  be  such  as  the  board 
of  estimate  and  apportionment  shall  prescribe  and  make  provision 
for  in  the  budget. 

2.  The  head  of  every  department  and  all  officers  of  counties 
included  in  the  city  may  make  ratable  deductions  from  the  sala- 
ries and  wages  of  the  officers  and  employees  under  their  control 
respectively  on  account  of  absence  from  duty  without  leave;  but 
no  such  deduction  shall  be  made  in  those  departments  or  offices  in 
which  a  fine  or  penalty  may  be  imposed  and  where  such  fine  or 
penalty  shall  have  been  imposed  for  such  absence. 

3.  'No  person  holding  a  position  in  the  classified  municipal 
civil  service  subject  to  competitive  examination  shall  be  removed 
until  he  has  been  allowed  an  opportunity  of  making  an  explana- 
tion ;  and  the  true  grounds  of  removal  shall  in  every  case  be  forth- 
with entered  upon  the  records  of  the  department,  office,  board  or 
commission,  and  a  copy  thereof,  with  a  copy  of  the  charges  and 
the  defence  thereto,  if  any,  shall  be  filed  with  the  municipal  civil 
service  commission. 

§  100.  1.  The  head  of  each  dejDartment  other  than  the  tax  de- 
partment, the  health  department,  the  park  department,  the  board 
of  education  and  Bellevue  and  allied  hospitals,  may  appoint  and 
at  pleasure  remove  a  deputy,  who,  during  his  absence  or  inability 
to  act,  shall  possess  his  powers  and  perform  his  duties  except  as 
herein  otherwise  provided;  during  a  vacancy  in  the  office  of  head 

[52] 


53 

of  the  department,   the   deputy  so  appointed  shall   act  as   head 
thereof. 

2.  Subject  to  provisions  therefor  in  the  budget,  the  head  of 
every  such  department  may  also  appoint  a  deputy  in  each  or  any 
borough.  A'o  person  shall  be  apiX)inted  a  deputy  in  any  borough 
unless  at  the  time  of  his  appointment  he  shall  be  and  for  hve 
years  immediately  prior  thereto  shall  have  b<3en  a  resident  of  the 
borough ;  removal  from  the  borough  shall  vacate  his  office. 

3.  Subject  to  the  provisions  of  this  act  and  of  the  administra- 
tive code,  a  deputy  shall  perform  the  duties  prescribed  by  the  head 
of  his  department. 

§  101.  ^Vhere  an  officer  is  authorized  by  this  act  or  the  ad- 
ministrative code  to  call  and  examine  witnesses,  or  to  make  any 
inquiry,  he  may  compel  by  subpoena  the  attendance  of  witnesses 
and  the  production  of  dociuncnts,  books,  and  pajx^rs  before  him 
with  respect  to  the  subject  of  inquiry,  and  may  administer  oaths 
to  witnesses.  Any  deputy  may  Ix;  designated  by  the  head  of  his 
department  to  take  such  examination.  But  this  section  shall  not 
apply  to  the  trial  of  members  of  the  police  and  fire  forces  under 
sections  one  hundred  and  fifty-three  and  one  hundred  and  eighty- 
one  of  this  act. 

§  102.  All  the  authority,  jurisdiction,  rights,  powers,  duties 
and  obligations  vested  in  or  imposed  upon  any  department  at  the 
time  this  act  takes  effect,  are  continued,  except  as  in  this  act  or 
in  the  administrative  code  otherwise  specifically  provided.  The 
head  of  each  department  shall  prescribe  the  duties  of  its  officers 
and  employees,  in  conformity  with  this  act  and  the  administrative 
code,  and  may  adopt  general  rules  and  regulations  for  the  gov- 
ernment of  the  department  and  the  conduct  of  the  public  business 
therein  not  inconsistent  with  the  provisions  of  this  act,  of  the 
administrative  code  or  of  the  ordinances  of  the  council.  All  rules 
and  regulations  in  force  in  the  different  dei>artments  at  the  time 
this  act  takes  effect  are  continued  until  altered  or  amended.  But 
no  alterations  or  amendments  hereafter  made,  and  no  rules  and 
regulations  hereafter  adopted,  shall  take  effect  until  approved  by 
the  mayor. 

§  103.  The  board  of  estimate  and  apportionment  may  authorize 
the  establishment  of  a  branch  office  of  any  department  in  any 
borough.  The  main  office  of  every  department  shall  be  in  the 
borough  of  ^Manhattan. 

§  104.  The  polico  pension  fund,  the  fire  department  relief 
fund,  the  public  school  teachers'  retirement  fund,  and  the  health 


54 

department  pension  fund,  as  they  are  severally  constituted  or 
provided  for  by  law  at  the  time  this  act  takes  effect,  are  hereby 
severally  continued  and  shall  be  administered  as  provided  in  the 
administrative  code. 

§  10'5.  Wherever  used  in  any  chapter  or  title  of  this  act,  un- 
less the  context  or  subject  matter  otherwise  requires,  the  words 
"  the  board,"  "  the  department  "  or  "  the  commissioner  "  (with  or 
Avithout  the  article)  shall  mean  the  board,  department  or  com- 
missioner whose  duties  and  powers  are  prescribed  in  such  chapter 
or  title. 

TITLE  2. 
Finance  Department. 

Section  106.  The  comptroller  shall  be  elected  at  the  general 
election  in  the  year  nineteen  hundred  and  nine  and  every  four 
years  thereafter,  and  shall  hold  his  office  for  the  term  of  four  years. 
He  shall  give  a  bond  to  the  city  in  the  sum  of  two  hundred  and 
fifty  thousand  dollars,  conditioned  upon  the  faithful  discharge  of 
his  duties,  the  sureties  thereon  to  be  approved  by  the  mayor.  His 
salary  shall  be  twenty  thousand  dollars  a  year. 

§  107.  A  vacancy  in  the  office  of  comptroller  shall  be  filled  by 
appointment  by  the  remaining  members  of  the  board  of  estimate 
and  apportionment,  each  casting  one  vote,  the  appointee  to  hold 
office  until  the  first  day  of  January  next  succeeding  the  first  an- 
nual election  after  the  happening  of  the  vacancy. 

§  108.  The  comptroller  shall  be  the  auditor,  controller  of  ac- 
counts and  chief  disbursing  officer  of  the  city.  Subject  to  rules 
and  regulations  adopted  by  the  board  of  estimate  and  apportion- 
ment, he  shall  prescribe  the  forms  of  keeping  and  rendering  all 
city  accounts,  and  the  manner  in  which  all  creditors,  officers  and 
employees  of  the  city  shall  be  paid. 

§  109.  1.  No  claim  against  the  city  or  any  county  included 
therein,  payable  in  the  first  instance  from  the  city  treasury  for 
services  rendered,  work  done  or  materials  or  supplies  furnished, 
except  (1)  claims  reduced  to  judgment;  (2)  awards,  costs,  charges 
and  expenses  duly  taxed  or  ordered  paid  in  judicial  proceedings ; 
(3)  claims  arising  under  the  provisions  of  contracts  made  at  pub- 
lic letting;  or  (4)  claims  settled  and  adjusted  by  the  board  of  esti- 
matp  and^  apportionment ;  shall  be  paid  unless  the  comptroller 
shall  ctrtify  that  the  charges  therefor  are  just  and  reasonable; 


and,  except  as  herein  above  otherwise  provided,  all  bills  and 
vouchers  for  any  such  services,  work,  materials  or  supplies  shall 
be  subject  to  audit  by  the  department  of  finance. 

2.  The  comptroller  shall  not  dispute  the  amount  of  any 
salary  or  compensation  established  by  law  or  by  or  under  the 
authority  of  the  board  of  estimate  and  apportionment,  nor  shall 
he  question  the  performance  of  duty  by  any  appointed  olliccr  or 
employee,  unless  necessary  to  prevent  fraud  or  waste. 

§  110.  In  addition  to  such  other  bureaus  as  may  be  authorized 
by  the  board  of  estimate  and  apportionment,  there  shall  be  in  the 
finance  department : 

1.  A  bureau  of  audit,  the  head  of  which  shall  be  known  as 
"  chief  auditor  "  ; 

2.  A  bureau  of  accounts,  the  head  of  which  shall  be  known  as 
"  chief  bookkeeper  " ; 

3.  A  bureau  of  disbursements,  the  head  of  which  shall  be  known 
as  "  city  paymaster  " ; 

4.  A  bureau  of  records,  the  head  of  which  shall  be  kno\\ni  as 
"  custodian  of  records  ". 

The  duties  of  these  bureaus  shall  be  as  authorized  in  the  ad- 
ministrative code. 

TITLE  3. 

The   City  Treasury. 

Section  111.  The  chamberlain  shall  be  the  treasurer  uf  the 
city  and  of  each  of  the  counties  included  therein.  lie  shall  be  the 
custodian  of  all  moneys  belonging  to  the  city,  shall  depo.^it  them 
in  such  banks  or  trust  companies  as  shall  have  been  designated 
pursuant  to  section  sixty-seven  of  this  act,  and  shall  pay  all  war- 
rants drawn  on  the  treasury  by  the  comptroller.  No  money  shall 
be  paid  out  of  the  treasury  except  upon  warrants  so  drawn.  The 
chamberlain  shall  give  a  bond  to  the  city  in  the  sum  of  three 
hundred  thousand  dollars  for  the  faithful  discharge  of  his  duties. 

§   112.  There  shall  be  in  the  department  the  following  bureaus: 

1.  A  bureau  of  the  city  treasury,  the  head  of  ,which  shall  be 
known  as  "  chief  of  the  bureau  of  city  treasury;  " 

2.  A  bureau  of  revenue,  the  head  of  which  shall  be  known  as 
"  receiver  of  taxes  and  revenues ;  " 

3.  A  bureau  of  licen'Scs,  the  head  of  which  shall  be  known  as 
"  chief  of  the  bureau  of  licenses." 


56 

§  113.  All  the  provisions  of  the  code  of  civil  procedure  relat- 
ing to  a  county  treasurer  shall  apply  to  the  chamberlain  as  the 
treasurer  of  each  of  the  counties  included  within  the  city. 

§  114.  In  addition  to  performing  his  duties  as  treasurer  of 
the  city  and  of  the  counties  included  therein,  the  chamberlain 
shall  act  as  the  custodian,  agent  or  collector  of  such  funds  as  may 
be  designated,  and  perform  such  duties  as  may  be  prescribed,  by 
any  law  of  the  state. 

TITLE  4. 

Tax  Department. 

Section  115.  The  department  shall  consist  of  the  board  of  tax- 
ation, the  deputy  tax  commissioners,  and  other  persons  employed 
in  the  duties  of  the  department.  The  board  of  taxation  shall  con- 
sist of  a  president,  who  shall  be  designated  in  his  appointment, 
and  six  other  persons,  who  shall  be  called  tax  commissioners,  one 
of  whom  shall  be  an  attorney  and  counselor  admitted  to  practice 
in  the  courts  of  record  of  this  state,  of  not  less  than  five  years' 
standing.  ISTot  more  than  five  commissioners,  including  the  presi- 
dent, shall  belong  to  the  same  political  party  on  state  and  national 
issues.  Three  of  the  commissioners,  only  two  of  whom  shall 
belong  to  the  same  political  party  shall  be  residents  of  the  borough 
of  Manhattan;  and  each  of  the  other  boroughs  shall  be  repre- 
sented in  the  board  by  at  least  one  commissioner  resident  therein 
at  the  time  of  his  appointment. 

§  116.  The  board  shall  appoint  deputy  tax  commissioners, 
the  number  of  whom  shall  be  fixed  by  the  board  of  estimate  and 
apportionment.  In  appointing  deputy  tax  commissioners  the 
board  shall  apportion  such  appointments,  as  nearly  as  practicable, 
among  the  several  boroughs  according  to  the  population  thereof. 
No  person  shall  be  appointed  deputy  tax  commissioner  unless,  at 
the  time  of  his  appointment,  he  be,  and  for  at  least  one  year 
prior  thereto  shall  have  been,  an  elector  in  the  borough  from  which 
he  is  appointed. 

§  117.  The  tax  department  shall,  in  the  manner  herein  and 
in  the  administrative  code  provided : 

1.  Maintain  an  office  in  each  borough; 

2.  Assess  all  property  which  is  taxable  in  the  city  at  its  full 
value  except  as  otherwise  expressly  provided  by  law; 


57 

3.  Make  all  assessments  for  each  year  as  of  the  first  of  January 
of  such  year; 

4.  Make  assessment-rolls  for  each  yc^ar  as  herein  provided  and 
preserve  the  same; 

5.  Make,  and  complete  before  the  second  Monday  of  January 
in  each  year,  but  subject  to  corrections  and  additions,  the  entry 
of  all  assessments,  except  assessments  of  special  franchises  and  of 
shares  of  slock  of  banks  and  banking  associations ; 

G.  Make,  and  complete  before  the  first  day  of  March  of  each 
year,  the  entry  of  assessments  for  shares  of  stock  of  banks  and 
banking  associations,  subject  to  corrections  and  additions  as  in 
the  administrative  code  provided ; 

7.  Open  on  the  second  Monday  of  January  in  each  year  the 
assessment-rolls  for  public  inspection,  examination  and  correction; 

8.  Hear  applications  to  reduce  or  cancel  assessments  and  con- 
firm, reduce  or  cancel  assessments ; 

9.  Transmit  to  the  council  the  statements  prescribed  in  section 
one  hundred  and  twenty-six; 

10.  Prepare  from  the  assessment-rolls  a  tax  roll,  and  extend 
taxes,  at  the  tax  rate  certified  by  the  council,  against  assessments 
upon  the  tax  roll  for  each  year,  other  than  assessments  of  shares 
of  stock  of  banks  and  banking  associations; 

11.  Deliver  the  completed  tax  roll  for  each  year  to  the  receiver 
of  taxes  and  revenues  on  or  before  the  fifteenth  day  of  September 
of  each  year. 

§  118.  The  tax  department  shall  have  power : 

1.  To  enter  upon  real  property  and  into  buildings  and  struc- 
tures thereon  at  all  i-easonable  times,  in  order  to  make  such  ex- 
amination as  is  necessary  to  ascertain  th.'  value  for  purposes  of 
taxation ; 

2.  To  con)pel  the  attendance  of  witnesses  upon  examinations 
in  respect  of  the  correction,  reduction  or  cancellation  of  assess- 
ments ; 

3.  To  administer  oaths  by  a  commissioner  or  other  person 
designnted  by  the  board  for  that  purpose. 

§  119.  The  entry  of  an  assessment  of  real  jiroperty  up<->n  the 
assessment-roll  shall  contain  1.  A  description  of  the  property 
reasonably  sufficient  for  its  identification;  2.  the  name  of  the 
owner,  if  known ;  3.  a  statement  of  its  assessed  value.  To  the 
assessment  of  improved  land  assessed  by  parcel  numbering  there 
shall  be  added  a  statement,  which  shall  not  be  deemed  to  be  a  part 
of  the  assessment,  showing  the  value  of  the  land,  appraised  as  if 


58 

unimproved.  If  an  assessment  of  real  property  be  entered  upon 
the  assessment-roll  by  parcel  numbering,  an  omission  of  the  name 
of  the  owner  or  an  error  in  the  statement  of  his  name  shall  not 
affect  the  validity  of  the  assessment.  If  an  assessment  of  real 
property  be  entered  upon  the  assessment-roll  in  the  name  of  the 
owner,  only  a  substantial  error  in  the  the  name  shall  render  the 
assessment  invalid.  An  entry  by  parcel  numbering,  or  an  entry 
of  an  identification  number  of  real  property  thereby  indicated  or 
described  upon  the  tax  maps,  shall  be  deemed  to  incorporate  into 
the  assessment-roll  the  entire  corresponding  indication  of  location 
and  description  shown  upon  the  tax  maps  by  the  reference.  ISTo 
assessment  of  real  property  shall  be  deemed  to  be  erroneous  or 
illegal  because  of  any  divison  of  title  or  ownership  of  the  property 
assessed. 

§  120.  The  entry  of  an  assessment  of  personal  property  upon 
the  assessment-roll  shall  contain  (1)  the  name  of  the  o^vner; 
(2)  a  statement  of  the  amount  of  the  assessment.  ISTames  of 
owners  shall  be  arranged  alphabetically.  Only  a  substantial  error 
in  the  name  of  the  owner  shall  render  an  assessment  invalid. 

§  121.  Except  as  herein  or  in  the  administrative  code  other- 
wise provided,  all  matters  respecting  the  form  of  the  assessment- 
roll  and  the  entry  of  assessments  thereon  shall  be  in  the  discretion 
of  the  tax  department. 

§  122.  The  assessment-roll  shall  be  open  to  public  inspection 
between  the  second  Monday  of  January  and  the  thirty-first  day 
of  March,  both  inclusive,  in  each  year,  and  also  during  the 
month  of  July  in  each  year,  at  such  reasonable  hours  of  each  day 
except  Sundays  and  public  holidays,  and  under  such  reasonable 
reg-ulations  as  the  department  shall  determine. 

§  123.  Application  to  reduce  or  cancel  any  assessment  may 
be  made  in  the  manner  and  within  the  times  prescribed  in  the  ad- 
ministrative code. 

§  124.  The  department  may  reduce  or  cancel,  or  may  increase, 
any  assessment  at  any  time  prior  to  the  first  day  of  July  in  the 
year  in  which  the  assessment  is  made.  No  assessment  shall  be  in- 
creased nor  shall  any  change  be  made  in  a  name  or  description, 
except  after  notice  in  writing  to  the  party  in  interest  given  prior 
to  the  first  day  of  June  in  said  year. 

§  125.  The  department  may,  prior  to  the  first  day  of  July  in 
any  year,  add  any  assessment  to  the  assessment-roll  for  the  year, 
provided  notice  thereof  be  given  to  the  party  in  interest  prior  to 
the  first  day  of  June  in  such  year.     Assessments  of  special  fran- 


f)!) 

ehises  and  shares  of  stock  of  banks  and  banking  associations  en- 
tered in  pursuance  of  law,  ujjon  the  assessuient-roll,  after  the  sec- 
ond Monday  of  January,  shall  not  be  deemed  added  assessments. 

§  12G.  The  department  shall  on  or  before  the  first  day  of  July 
in  each  year  send  to  the  council  a  statement  certified  by  the  board 
of  the  aggregate  amount  of  all  assessed  valuations,  as  corrected, 
of  property  on  the  books  of  the  assessment-roll  for  such  year,  ex- 
cept the  assessed  valuations  of  shares  of  stock  of  banks  and  bank- 
ing associations,  also,  with  the  same  exception,  the  aggregate 
amount  of  the  assessed  valuations  of  projK'rty  on  the  books  of  the 
assessment-roll  kept  in  each  borough,  and  of  the  amoimt  of  taxes 
which  will  be  levied  upon  stocks  of  banks  and  banking  associa- 
tions for  said  year.  The  council  shall  determine  the  rate  of  taxa- 
tion for  all  puriK)ses  in  each  county  within  the  city  for  each  year, 
and  certify  the  rates  so  determined  to  the  tax  department  on  or 
before  the  fifteenth  day  of  July  of  each  year.  In  determining 
i?uch  rates  the  council  shall  fix  each  rate  in  cents  and  hundndths 
of  a  cent  upon  each  dollar  of  assessed  valuation. 

§  127.  The  department  shall,  on  or  before  the  fifteenth  day  of 
September  in  each  year,  prepare  a  tax-roll  which  shall  consist 
of  a  clear  copy  of  the  assessment-roll  as  corrected,  divided  as  the 
assessment-roll  is  divided.  It  shall  compute  the  tax  upon  each  as- 
sessment upon  the  tax-roll,  except  assessments  of  shares  of  stock  of 
banks  and  banking  associations,  at  the  rate  certified  by  the  coun- 
cil, and  enter  the  proper  tax  upon  the  tax-roll  opposite  each  assess- 
ment. In  entering  taxes  fractions  of  a  cent  shall  be  rejected. 
Each  book  of  the  tax-roll  shall  be  authenticated  by  a  statement  of 
the  year  for  which  it  is  made  and  by  the  written  signature  of  at 
](ast  one  of  the  commissioners,  and  be  forthwith  delivered  to 
the  receiver  of  taxes  and  revenues.  And  such  authentication  and 
d(  livery  of  the  tax-roll  shall  be  the  warrant  for  the  collection  of 
the  taxes,  so  authenticated.  The  department  shall  simultaneously 
with  such  delivery  notify  the  comptroller  of  the  amount  of  taxes 
in  order  that  he  may  cause  the  proper  sum  to  be  charged  to  the 
receiver  for  collection. 

§  128.  The  taxable  status  of  all  persons  and  property  assess- 
able for  taxation  in  the  city  shall  be  fixed  for  each  year  on  the 
first  day  of  January  of  such  year. 

§  129.  All  taxes  shall  be  due  and  payable  in  the  month  of 
October  of  the  year  in  which  s^aid  taxes  arc  levied.  Each  tax 
upon  real  proi>erty  sluill,  on  the  first  day  of  October  in  snch  year, 
bo  a  lien  upon  the  ival  projx'i'ty  assessed,  and  shall  continue  a 


60 

lien  thereon  initil  paid,  and  shall  be  preferred  in  payment  to  all 
other  liens.  If  not  paid  in  the  month  of  October,  interest  shall 
be  payable  upon  the  tax  from  the  first  day  of  October  until  the 
date  of  payment  at  the  rate  of  seven  per  centum  per  annum. 

§  130.  The  department  may  apportion  an  assessment,  as  be- 
tween separate  and  divided  ownerships  in  the  property  to  which 
the  assessment  relates.  Such  apportionment  shall  be  in  the  man- 
ner prescribed  in  the  administrative  code,  and  shall  be  evidenced' 
as  therein  provided. 

§  131.  This  act  and  the  administrative  code  shall  be  deemed 
public  notice  of  the  imposition  of  all  assessments  for  purposes  of 
taxation,  except  assessments  added  to  the  assessment-roll  in  any 
year  after  the  second  Monday  of  January  of  such  year,  and  of 
the  times  for  making  all  applications  for  reduction  or  cancella- 
tion of  assessments,  and  of  the  imposition  of  all  taxes  and  interest 
charges,  and  of  the  times  for  payment  of  taxes  and  interest  in 
each  year ;  and  no  other  notice  need  be  given  either  to  the  public 
or  to  any  party  interested  in  a  tax  or  an  assessment  for  taxation. 

TITLE  5. 

The  Law  Department. 

Section  132.  The  corporation  counsel  shall: 

1.  Be  the  attorney  and  counsel  for  the  city,  the  board  of  esti- 
mate and  apportioimient,  the  council,  and  for  every  officer,  de- 
partment, bureau,  board  and  commission  of  the  city; 

2.  Except  as  otherwise  provided  by  law,  appear,  in  behalf  of 
the  city,  in  and  have  charge  and  control  of  all  actions,  special  pro- 
ceedings and  other  legal  proceedings  in  which  the  city  may  be  a 
party,  or  in  any  manner  interested; 

3.  Institute  actions  and  proceedings,  whenever  directed  by  the 
board  of  estimate  and  apportionment;  but  this  subdivision  shall 
not  be  construed  as  limiting  or  intending  to  limit  the  right  of  the 
corporation  counsel  to  institute  and  maintain  actions,  as  provided 
in  section  one  hundred  and  thirty-three; 

4.  Prepare  all  contracts,  deeds,  leases,  bonds  and  other  legal 
papers  for  the  city  and  the  several  departments  and  officers 
thereof,  and  approve  the  same  as  to  form  before  execution.  "When- 
ever the  board  of  estimate  and  apportionment  shall  have  pre- 
scribed the  standard  in  any  class  of  supplies  or  materials,  or  made 
any   determination    with   respect   to   the    terms,    conditions    and 


61 

specifications  of  any  contracts  pursuant  to  the  provisions  of  sec- 
tion sixty-eight  of  this  act,  the  corporation  counsel  shall  accom- 
pany his  approval  as  to  form  of  any  such  contract  with  a  certifi- 
cate that  the  same  conforms  to  the  requirements  of  tho  Ixiard  of 
estimate  and  apportionment. 

§  133.  The  corporation  counsel  shall  have  the  right,  and  it 
shall  be  his  duty,  to  maintain,  defend  and  establish  the  rights 
of  tho  city,  to  sue  for  moneys  or  revenue  belonging  thereto,  and 
to  enforce  the  ordinances  of  the  council  and  the  laws  of  the  state 
relative  to  the  city. 

§  134.  The  corporation  counsel  shall  not,  without  the  approval 
of  the  board  of  estimate  and  apportionment,  compromise  or  settle 
any  action  or  special  proceeding  brought  by  or  against  the  city  or 
any  ofticer  or  department  thereof,  or  offer,  suffer,  confess  or  p<r- 
mit  judgment  therein,  if  the  relief  demanded  be  other  than  a 
money  judgment,  or  if  the  amount  of  any  such  compromise,  settle- 
ment, offer  or  confession  shall  exceed  the  sum  of  one  thousand 
dollars.  Nothing  herein  contained,  however,  shall  operate  to  limit 
or  abridge  the  discretion  of  the  corporation  counsel  in  regard  to 
the  proper  conduct  of  the  trial  of  any  action  or  proceeding,  or 
to  deprive  him  of  the  power  or  privileges  ordinarily  exercised  in 
the  course  of  litigation  by  attorneys  and  counselors-at-law  acting 
for  private  clients. 

§  135.  The  corporation  counsel  may  appoint  and  at  jilcasure 
remove  a  first  assistant  corporation  counsel  who,  during  the  ab- 
sence or  inability  of  the  corporation  counsel  to  act,  shall  possess 
all  his  powers  and  perform  all  his  duties.  During  a  vacancy  in 
the  office  of  corporation  counsel,  the  first  assistant  shall  act  as  cor- 
poration counsel.  The  corporation  counsel  nuiy  also  appoint  as 
many  assistant  corporation  counsel  as  may  bo  authorized  In'  the 
board  of  estimate  and  apportionment. 

§  13G.  Neither  the  corporation  counsel  nor  any  of  hi-;  assist- 
ants shall  appear  as  attorney  or  counsel  in  any  action  or  special 
proceeding  in  any  court,  or  before  any  tribunal  except  in  tho  dis- 
charge of  his  official  duties.  The  corporation  counsel  may  appear 
in  any  action  or  proceeding,  criminal  or  civil,  brought  against 
any  officer  or  employee  in  the  service  of  the  city  or  of  any  county 
therein,  by  reason  of  any  act  done  or  omitted  in  the  ]>erformance 
of  duty,  provided  that,  in  the  case  of  any  employee,  such  appear- 
ance sbpll  be  rrriufpted  by  the  head  of  the  department,  office  or 
bureau  in  which  ho  is  employed. 

§   137.  Tn  addition  to  such  other  bureaus  as  may  lx»  established 


62 

in  the  law  department  by  authority  of  the  board  of  estimate  and 
apportiomnent,  there  shall  be  a  bureau  of  street  openings,  a  bureau 
for  the  recovery  of  penalties  and  a  bureau  for  the  collection  of 
arrears  of  personal  taxes,  each  of  which  shall  be  in  charge  of  an 
assistant  designated  by  the  corporation  counsel. 

§  138.  The  corporation  counsel  shall  have  a  branch  office  in 
the  borough  of  Brooklyn. 

§  139.  No  officer  shall  have  or  employ  any  attorney  or  coun- 
sel in  any  action  or  proceeding  to  which  the  city  or  such  officer 
is  a  party,  unless  the  judgment  or  order  which  may  be  entered 
therein  may  affect  the  tenure  of  office,  property  rights  or  per- 
sonal liberty  of  such  officer,  in  which  case  he  may  employ  and 
be  represented  by  attorney  or  counsel  at  his  own  expense. 

TITLE  6. 

Police   Department. 

Section  140.  No  person  shall  be  appointed  police  commissioner 
unless  he  shall  be  a  citizen  of  the  Lnited  States  and  shall  have 
been  a  resident  of  the  city  for  at  least  two  years  immediately 
preceding  his  appointment.  The  police  commissioner  shall  be 
appointed  for  a  term  of  ten  years  and  may  be  removed  by  the 
mayor  whenever  in  his  judgment  the  public  interests  shall 
require ;  or  the  governor  may  remove  the  commissioner  after 
giviug  him  a  copy  of  the  charges  against  him  and  an  oppor- 
tunity of  being  heard  in  his  defence.  The  reasons  for  such  re- 
moval shall  be  stated  in  writing,  in  duplicate;  one  copy  of  such 
statement  shall  be  filed  in  the  office  of  the  secretary  of  state  and 
the  other  in  the  office  of  the  city  clerk,  and  each  shall  be  a  public 
record. 

§  141.  The  commissioner  shall  appoint  and  may  at  pleasure 
remove  four  deputy  police  commissioners,  to  be  known  respectively 
as  first,  second,  third,  and  fourth  deputy  police  commissioners, 
each  of  whom  shall  have  the  qualifications  in  respect  to  citizenship 
and  residence  prescribed  for  the  commissioner.  The  deputy  com- 
missioners shall  have  such  powers  and  duties,  other  than  the  power 
to  make  appointments  and  transfers,  as  the  commissioner  may 
assign  or  delegate  to  them,  provided  that  at  least  one  of  them 
shall  be  assigned  to  duty  in  the  borough  of  Brooklyn,  and  shall 
have  his  office  at  the  headquarters  in  said  borough.  In  the  ab- 
sence or  disability  of  the  commissioner,  the  deputy  commissioner 


63 

highest  in  rank  aud  not  absent  or  disabled,  shall  possess  all  the 
I^owers  and  perform  all  the  duties  of  the  commissioner,  except  tho 
power  to  make  appointments. 

§  142.  The  commissioner  shall  also  appoint  and  may  at  pleas- 
ure remove  a  trial  deputy  commissioner,  who  shall  have  the 
qualifications  in  respect  to  citizenship  and  residence  prescribed 
for  the  commissioner  and  shall  be  an  attorney  and  counselor-afc- 
law,  admitted  to  practice  in  the  courts  of  this  state  at  least  ten 
years  prior  to  the  date  of  his  appointment.  The  trial  deputy 
commissioner  shall  perform  no  duties  other  than  to  examine, 
hear,  investigate  and  try  charges  made  or  preferred  against  mem- 
bers of  the  police  force  aud  render  decisions  thereon,  as  here- 
inafter provided. 

§  143.  The  commissioner  shall  have  cognizance  and  control 
of  the  government  and  administration  of  the  police  department 
and  of  the  direction,  disposition  and  discipline  of  the  police 
force.  Except  as  otherwise  provided  by  law,  he  may  make, 
adopt,  amend,  alter  and  enforce  rules,  orders  and  regulations, 
necessary  for  the  discipline  of  said  force,  for  the  exercise  of  all 
powers  granted  to  him,  and  for  the  efficient  performance  of  all 
duties  imposed  upon  him  and  upon  the  department  and  persons 
therein.  He  shall  prescribe  the  uniforms,  shields,  emblems,  in- 
signia and  weapons  to  be  worn,  displayed  and  used,  and  shall 
regulate  the  wearing,  display  and  use  thereof,  by  the  members 
of  the  police  force. 

§  144.  The  police  force  as  constituted  at  the  time  this  act  takes 
effect  is  continued,  subject  to  the  provisions  hereof  and  of  the 
administrative  code.  There  shall  be  a  superintendent  of  police 
who  shall,  under  the  direction  of  the  commissioner,  be  the  chief 
executive  officer  of  the  force  and  be  chargeable  with  and  respon- 
sible for  the  control  and  discipline  thereof  and  the  execution  of 
all  rules  and  regulations  of  the  department.  The  superintendent 
shall  be  selected  from  the  members  of  the  force  in  the  manner 
prescribed  in  the  administrative  code ;  and  in  the  absence  or  dis- 
ability of  the  superintendent,  the  commissioner  shall  designate  a 
member  of  the  force  to  act  temporarily  as  superintendent,  as  in 
said  code  provided. 

§  145.  There  shall  be  in  the  department,  in  addition  to  such 
other  bureaus  as  may  be  established  therein  by  the  board  of  esti- 
mate and  apportionment: 

A  detective  bureau,  the  head  of  which  shall  be  known  as  "  chief 
of  detectives  " ; 


64 

A  stolen  property  bureau,  the  head  of  which  shall  be  known  as 
"  property  clerk  ". 

The  main  office  of  the  detective  bureau  shall  be  at  the  head- 
quarters of  the  department,  and  a  branch  office  thereof  shall  be 
maintained  at  the  headquarters  in  the  borough  of  Brooklyn. 

§  146.  Subject  to  the  provisions  of  this  act,  the  administrative 
code  and  other  laws,  the  commissioner  shall  have  power : 

1.  To  appoint  and  remove,  and  to  retire  and  relieve  from  duty, 
the  members  of  the  police  force.  ISTo  person  shall  be  appointed 
to  or  continue  to  hold  membership  in  the  force  who  is  not  a 
citizen  of  the  United  States,  or  who  has  ever  been  convicted  of 
felony  or  dismissed  from  the  force,  or  who  does  not  reside  within 
the  city,  or  who  shall  not  have  resided  within  the  state  at  least 
one  year  next  preceding  his  appointment;  but  irrespectively  of 
previous  residence  without  the  state,  skilled  officers  of  experience 
may  be  appointed  for  detective  duty.  No  person  under  twenty- 
five  or  over  thirty  years  of  age  shall  hereafter  be  appointed  a 
member  of  the  force  other  than  a  police  matron;  but  a  person 
whose  name  shall  have  been  placed  on  the  civil  service  eligible 
list  may  be  appointed,  while  his  name  remains  thereon,  although 
he  may  meanwhile  have  attained  the  age  of  thirty  years.  No 
person  shall  receive  a  permanent  appointment  in  the  force  with- 
out having  first  served  a  probationary  period  of  at  least  three 
months  therein: 

2.  To  assign,  and  transfer  or  change  the  assignments  of,  mem- 
bers of  the  force,  to  duty ;  such  assignments  and  changes  thereof 
or  transfers,  except  in  the  case  of  police  surgeons,  to  be  made 
on  the  recommendation  of  the  superintendent: 

3.  To  grant  leaves  of  absence  to  members  of  the  force;  and 
to  promote  members  of  said  force;  such  promotions  to  be  made 
on  the  basis  of  seniority,  meritorious  police  service  and  superior 
capacity,  as  shown  by  competitive  examination.  Individual  acts 
of  personal  bravery  may  be  treated  as  an  element  of  meritorious 
service  in  such  examination,  the  rating  therefor  to  be  fixed  by 
the  municipal  civil  service  commission: 

4.  To  appoint  and  at  pleasure  remove  special  patrolmen  for 
purposes  authorized  by  law: 

5.  To  establish  mounted  patrols;  to  procure,  use  and  operate, 
or  cause  to  be  operated,  rowboats,  steamboats,  or  boats  propelled 
by  other  power,  for  police  service  in  the  waters  in  and  about  the 
city;  and  to  erect,  operate,  supply  and  maintain  telegraph  and 


G5 


telephone  lines  to  and  between  such  places  in  the  city  as  may 
be  necessary  for  the  purposes  of  the  department : 

6.  To  direct,  control,  restrict  and  regulate,  in  the  interests  of 
public  safety,  health  and  convenience,  the  movement  of  pedes- 
trian, animal  and  vehicular  traffic  of  every  kind  in  streets,  parks 
and  public  places,   and  to  make  regulations  in  regard  thereto: 

7.  To  establish,  provide  and  furnish  station  houses;  to  fix  the 
boundaries  of  precincts;  and  to  establish  and  maintain  head- 
quarters or  central  stations  in  any  borough;  and  a  headquarters 
shall  be  maintained  in  the  borough  of  Brooklyn : 

8.  To  offer  rewards  to  induce  the  giving  of  information  leading 
to  the  detection,  arrest  and  conviction  of  persons  guilty  of  homi- 
cide, arson,  or  knowingly  receiving  stolen  goods,  and  to  pay 
such  rewards  to  the  person  or  persons  giving  such  information, 
but  no  such  reward  shall  be  offered  unless  there  be  an  unex- 
pended appropriation  therefor: 

9.  To  exercise  general  powers  of  supervision  and  inspection 
within  the  city  over,  and  to  receive  periodical  reports  from,  all 
licensed  or  unlicensed  pa%\Tibrokers,  vendors,  junkshop  keepers, 
junk  boatmen,  cartmen,  dealers  in  second-hand  merchandise,  in- 
telligence-office-keepers, immigrant  boarding-house-kcepers,  run- 
ners and  auctioneers,  and  over  all  places  of  public  amusement 
or  for  public  exhibitions,  and  places  or  persons  having  excise  or 
other  licenses  to  carry  on  any  business : 

10.  To  grant  and  issue  permits  for  street  parades  and  pro- 
cessions; for  the  giving  of  masked  balls  or  entertainments,  and 
for  the  carrying  of  pistols  in  the  city : 

11.  To  make  any  inquiry  necessary  to  the  performance  of  any 
duties  imposed  upon  him  or  the  department,  and  for  that  purpose 
to  call  and  examine  witnesses.  All  subpoenas  shall  be  attested  in 
the  name  of  the  commissioner.  The  commissioner,  each  of  his 
deputies,  including  the  trial  deputy,  the  chief  clerk,  and  the  first 
and  second  deputy  clerks  of  the  department,  may  administer  oaths 
or  affirmations  to  any  person  in  any  matter  pertaining  to  or  con- 
nected with  the  department  or  the  performance  of  its  duties,  in- 
cluding oaths  of  office  which  may  be  taken  or  required  in  the 
administration  of  affairs  thereof,  ^rembers  of  the  force  shall 
have  power  to  administer  oaths  or  affirmations  in  the  cases  pre- 
scribed in  the  administrative  code. 

12  The  commissioner  shall  have  the  powers  and  perform  the 
duties  with  regard  to  the  appointment  of  police  matrons,  con- 


G6 

ferred  upon  and  required  of  mayors  of  cities  or  the  boards  of 
commissioners  of  police  thereof. 

§  147.  Notwithstanding  any  other  provision  of  this  act  or 
the  administrative  code,  the  comptroller  shall  pay  over  and  ad- 
vance from  time  to  time  to  the  commissioner  any  portions  of 
the  appropriation  made  to  the  department  for  contingent  ex- 
penses, not  exceeding  ten  thousand  dollars  at  any  one  time, 
for  which  requisition  may  he  made  by  the  commissioner,  pro- 
vided such  requisition  be  approved  by  the  mayor.  The  commis- 
sioner shall  transmit  to  the  department  of  finance  the  original 
vouchers  for  the  payment  of  all  sums  of  money  disbursed  by  him 
on  account  of  such  contingent  expenses ;  and  no  gTeater  sum  than 
ten  thousand  dollars  in  excess  of  the  amount  duly  accounted  for 
by  said  vouchers  shall  be  advanced  to  the  commissioner  at  any 
one  time. 

§  148.  The  department,  the  commissioner  and  the  deputy  com- 
missioners, the  superintendent,  and  all  members  of  the  police 
force,  shall,  within  the  boundaries  of  the  city,  enforce  all 
criminal  laws  and  shall  vigilantly,  at  all  times  of  day 
and  night,  preserve  the  public  peace;  prevent  crime;  detect  and- 
arrest  offenders ;  suppress  riots,  mobs  and  insurrections ;  disperse 
unlawful  or  dangerous  assemblages  and  assemblages  which  ob- 
struct the  free  passage  of  streets,  parks  and  public  places ;  protect 
the  rights  of  persons  and  property;  guard  the  public  health;  pre- 
serve order  at  elections  and  all  public  meetings  and  assemblages; 
remove  all  nuisances  in  streets,  parks  or  public  places,  and  arrest 
all  street  mendicants  and  beggars ;  provide  proper  police  attend- 
ance at  fires;  assist,  advise  and  protect  immigrants,  strangers  and 
travelers  in  streets,  at  steamboat  and  ship  landings  and  at  rail- 
road stations ;  observe  and  inspect  all  places  of  public  amusement, 
all  places  of  business  having  excise  or  other  licenses ;  suppress 
all  disorderly  and  unlawful  houses  and  places;  repress  and  re- 
strain all  disorderly  and  unla\vful  conduct  and  practices;  and, 
generally,  enforce. and  prevent  the  violation  of  all  laws  and  ordi- 
nances in  force  in  the  city. 

§  149.  Any  member  of  the  force  may  arrest  without  warrant 
any  person  who  shall  commit,  or  threaten  or  attempt  to  commit, 
in  the  presence  of  such  member  or  within  his  view,  any  breach 
of  the  peace  or  any  offense  or  act  prohibited  by  this  charter,  the 
administrative  code,  any  law,  or  ordinance,  or  who  shall,  in  the 
presence  or  within  the  view  of  such  member,  resist,  obstruct  or 
interfere  with  the  lawful  enforcement  of  any  law  or  ordinance  or 


67 

of  any  official  order  or  regulation  made  pursuant  thereto.  Mem- 
bers of  the  force  shall  possess  in  the  city  and  thruughout  the  state 
all  the  common  law  and  statutory  powers  of  constables,  except  for 
the  service  of  civil  process,  and  any  warrant  for  search  or  arrest 
issued  by  any  magistrate  within  the  state  may  be  executed  in 
any  part  thereof  by  any  member  of  such  force.  Xo  person  other 
than  a  member  of  the  force,  or  a  peace  officer,  or  a  United  States 
marshal  or  deputy,  shall  serve  any  criminal  process  within  the 

city. 

§  150.  The  department  shall  co-operate  with  the  health,  fire 
and  other  departments,  as  prescribed  in  this  act,  in  the  adminis- 
trative code  or  by  ordinance.  The  commissioner  shall  detail 
members  of  the  force  to  the  service  of  other  departments  and  to 
attendance  upon  courts  or  in  public  offices,  as  prescribed  in  the 
administrative  code.  Unless  authorized  or  required  by  law,  no 
transfer,  detail  or  assignment  to  special  duty  of  any  member  of 
the  force  shall  hereafter  be  made  or  continued,  except  for  police 
reasons  or  in  the  interests  of  police  service. 

§  151.  No  member  of  the  force  or  person  holding  office  in  the 
department  shall  be  liable  to  military  or  jury  duty,  nor  shall 
any  member  of  the  force,  while  actually  on  duty,  be  liable  to 
arrest  on  civil  process  or  to  service  of  subpnena  from  civil  courts. 
§  152.  Is'o  member  of  the  force,  under  penalty  of  forfeit- 
ing the  salary  or  pay  which  may  be  due  him,  shall  withdraw 
or'' resign,  except  by  permission  of  the  commissioner.  Absence, 
without  Iravo,  of  any  member  for  five  consecutive  days  shall  be 
deemed  and  held  to  be  a  resignation,  and  the  member  so  absent 
shall,  at  the  expiration  of  said  period,  cease  to  be  a  member  of 
the  force  and  l)e  dismissed  therefrom  without  notice.  The  salary 
or  compensation  of  members  of  the  force  shall  be  subject  to  all 
fines,  penalties,  forfeitures  and  deductions  lawfully  imposed  for 

cause. 

§  153.  1.  Any  member  of  the  force  who  shall  be  found  guilty 
by  the  trial  deputy  commissioner  of  any  failure  of  duty  due  either 
to  neglect  or  inefficiency,  violation  of  rules,  neglect  or  disobedience 
of  orders,  absence  without  leave  for  less  than  ten  consecutive  days, 
immoral  conduct,  any  conduct  injurious  to  the  public  peace  or 
welfare  or  unbecoming  an  officer,  or  any  breach  of  discipline,  may 
be  punished  by  reprimand,  or  by  forfeiting  and  withholding  pay 
for  a  specified  time,  or  bv  dismissal  from  the  force;  but  not  more 
than  thirty  davs'  pay  or  salary  shall  be  forfeited  or  deducted 
for  anv  offense,  and  the  rules  of  practice  for  police  trials  herein- 


68 

after  referred  to  shall  prescribe  maximum  and  minimum  penalties 
for  each  offense  specihed  in  such  rules,  which  penalties  may  be 
graded  according  to  the  seriousness  of  the  offense  and  the  previous 
record  of  the  offender  in  respect  to  similar  and  other  offenses. 

2.  Except  as  otherwise  provided  in  this  act  or  the  adminis- 
trative code,  no  member  shall  be  reprimanded,  fined  or  dismissed 
from  the  force  until  written  charges  shall  have  been  made  or 
preferred  against  him,  nor  until  such  charges  have  been  examined, 
heard  and  investigated  before  the  trial  deputy  commissioner,  upon 
such  reasonable  notice  to  the  member  charged  and  in  such  manner 
of  procedure  as  the  rules  of  practice  for  trials  shall  prescribe. 

3.  The  commissioner  shall  adopt  rules  governing  the  examina- 
tion and  investigation  of  charges  against  members  of  the  force 
and  the  practice  and  procedure  to  be  followed  on  the  trial  of  such 
charges,  which  rules  shall  be  known  as  the  rules  of  practice  for 
trials  and  shall,  before  they  take  effect,  be  approved  by  the  ap- 
pellate division  of  the  sujjreme  court  in  the  first  judicial  depart- 
ment. Such  rules  may,  with  like  approval,  be  amended  by  the 
commissioner. 

4.  All  trials  shall  be  had  in  the  first  instance  before  the  trial 
deputy,  who  shall,  subject  to  the  provisions  of  this  act,  the  ad- 
ministrative code  and  the  rules  of  practice  for  police  trials,  deter- 
mine the  penalty  to  be  imposed  upon  a  member.  1:^0  decision 
of  the  trial  deputy  dismissing  a  member  from  the  force  shall  be 
final  until  approved  and  ordered  to  be  enforced  by  the  commis- 
sioner. 

5.  The  commissioner  shall  designate  a  place  in  every  borough 
for  the  trial  of  charges,  which  shall  be  tried  within  the  borough 
in  which  the  accused  member  was  serving  at  the  time  the  charges 
were  preferred. 

6.  The  commissioner  and  the  superintendent  shall  have  power 
to  suspend  any  member  of  the  force  without  pay,  pending  the 
trial  of  charges,  but  no  suspension  by  the  superintendent  shall 
continue  more  than  ten  days  unless  approved  by  the  commis- 
sioner. If  any  member  so  suspended  shall  not  be  convicted  by 
the  trial  deputy  commissioner  of  the  charges  preferred,  he  shall 
be  entitled  to  full  pay  from  the  date  of  suspension,  notwithstand- 
ing such  charges  and  suspension. 

§  154.  No  writ  of  certiorari  shall  hereafter  be  issued  out  of 
any  coiirt,  nor  shall  any  proceeding  of  any  character  be  hereafter 
entertained  by  any  court,  except  as  herein  provided,  to  review 
any  detcnnination  of  the  trial  deputy  commissioner  or  of  the 


69 

commissioner,  made  after  this  act  takes  effect,  of  or  with  respect 
to  any  charges  against  a  member  of  the  force  or  the  trial  of  such 
charges  or  the  punishment  of  such  member  who  has  been 
found  guilty  thereof.  But  where  such  punishment  is  dis- 
missal from  the  force,  the  order  of  dismissal  made  by  tho 
police  commissioner  may  be  reviewed  by  the  appellate  division 
of  the  supreme  court  in  the  first  judicial  department  in  the  fol- 
lowing manner  and  not  otherwise :  The  person  so  dismissed  may 
appeal  from  such  order  of  dismissal  to  said  appellate  division, 
and  upon  such  appeal  said  court  may  review  said  order  on  the 
law  and  facts,  and  may  either  affirm  said  order,  with  or  without 
costs,  or  may  reverse  said  order  and  reinstate  the  appellant  as  a 
member  of  the  force,  and  may  include  in  its  decision  a  direction 
with  respect  to  the  pay  of  the  appellant  from  the  time  of  his 
dismissal,  and.  may  award  the  appellant  the  costs  of  the  appeal, 
including  a  reasonable  allowance  for  counsel  fee.  Any  costs  and 
counsel  fee  so  awarded  to  the  appellant  shall  be  paid  in  the  same 
manner  as  judgments  against  the  city  are  paid.  The  decision 
of  said  appellate  division  shall  be  final.  The  procedure  and  prac- 
tice with  reference  to  such  appeals  shall  be  prescribed  in  the  rules 
of  practice  for  police  trials. 

§  155.  'No  person  shall  continue  to  be  a  member  of  the  force 
after  attaining  the  age  of  sixty-five  years,  and  any  member 
who  shall  attain  such  age  shall  thereupon  be  retired  and  relieved 
from  duty  therein.  Any  member  of  said  force  who  may  hereafter 
become  insane  or  of  unsound  mind  so  as  to  be  unable  or  unfit  to 
perform  full  service  or  duty  may  be  removed  from  the  force  by 
order  of  the  commissioner.  ^Members  of  the  force  may  also  retire 
on  their  own  application  or  be  retired  by  order  of  the  commis- 
sioner, in  the  cases  prescribed  in  the  administrative  code,  and 
not  otherwise. 


70 

TITLE  7. 

Health  Department. 

Section  156.  The  health  commissioner  shall  be  the  executive 
o(3cer  of  the  department.  He  shall  have  the  care,  management 
and  control  of  all  institutions,  jDrox^ertj,  operations.,  and  employees 
of  the  department. 

§  157.  The  powers  and  duties  of  the  department  shall  extend 
over  the  city,  the  waters  within  its  jurisdiction  and  through- 
out the  port  of  New  York;  but  nothing  herein  contained  shall 
be  construed  to  limit  or  affect  the  powers  and  duties  of  the  quar- 
antine commissioners  or  the  health  officer  of  the  port. 

§  158.  The  department  shall  have  power  and  it  shall  be  its 
duty,  subject  to  the  provisions  of  this  act  and  of  the  adminis- 
trative code: 

1.  To  enforce  the  public  health  law  within  the  city ; 

2.  To  abate  all  nuisances  detrimental  to  the  public  health  or 
dangerous  to  human  life,  by  action  at  law  or  in  equity  in  the 
name  of  the  city,  or  without  action  as  a  natural  person  may  do; 

3.  To  enforce  and  to  aid  in  the  enforcement  of  all  laws  of  the 
state  relative  to  the  preservation  of  human  life,  or  to  the  care, 
promotion  or  protection  of  life ; 

4.  To  cause  the  vacation  of  any  building  which  is  unfit  for 
human  habitation  or  dangerous  to  life  or  health ; 

5.  To  enforce  all  laws  relative  to  the  use  or  sale  of  j)oisonous, 
unwholesome,  deleterious  or  adulterated  drugs,  medicines  or  food ; 

6.  To  take  all  steps  necessary  to  the  sanitary  supervision  and 
protection  of  the  water  supply  of  the  city,  and  the  sources  thereof ; 

7.  To  use  all  reasonable  means  for  ascertaining  the  existence 
and  cause  of  disease  or  peril  to  life  or  health,  and  for  averting 
the  same; 

8.  To  send  promptly  all  proper  information  in  its  possession 
to  the  health  authorities  of  the  state  and  of  any  division  thereof 
who  may  request  the  same; 

9.  To  gather  such  information  and  preserve  such  record  of 
facts  relating  to  births,  marriages,  deaths,  disease  and  health  as 
may  be  useful  in  the  discharge  of  its  duties,  and  as  may  tend  to 
public  interest  and  the  promotion  of  health  or  the  security  of  life ; 

10.  To  co-operate  with  the  health  officer  of  the  port  and  the 
quarantine  commissioners  to  prevent  the  spread  of  disease,  and 
to  protect  life  and  promote  health; 


71 

11.  To  cause  all  or  part  of  any  cargo,  or  any  matter  or  thing 
within  the  city  that  may  be  putrid  or  otherwise  dangerous  to  the 
public  health  to  be  destroyed  or  removed; 

12.  To  order  and  enforce  the  repairing  of  buildings,  structures 
and  houses,  other  than  tenement  houses,  where  necessary  for  the 
public  health;  regulate  and  control  all  public  markets,  and  the 
stands  or  stalls  in  and  around  the  same,  so  far  as  relates  to  the 
cleanliness,  ventilation  and  drainage  thereof,  and  to  the  preven- 
tion of  the  sale  or  offering  for  sale  of  improper  articles  therein. 

§  159.  Subject  to  the  provisions  of  this  act  and  of  the  admin- 
istrative code,  the  department  may: 

1.  Grant  to  masters  of  vessels,  bills  of  health  certifying  to  the 
condition  of  the  city  in  respect  of  health ; 

.2.  Remove  or  cause  to  be  removed  to  a  proper  place  designated 
by  it  any  person  sick  with  a  contagious,  pestilential  or  infectious 
disease ;  and  designate,  provide  and  pay  for  the  use  of  places  for 
such  purposes; 

3.  Erect,  establish,  maintain  and  furnish,  in  such  places  within 
the  city  as  are  now  used  or  may  hereafter  be  designated  by  the 
board  of  estimate  and  apportionment  for  such  purposes,  build- 
ings and  hospitals  for  the  care  and  treatment  of  persons  sick  with 
contagious  diseases; 

4.  Take  possession  of  and  occupy  for  temporary  hospitals  any 
buildings  in  the  city  during  the  prevalence  of  an  e]udf'mic,  if  iu 
the  judgment  of  the  board  the  same  be  required,  and  pay  a  just 
compensation  for  ])roperty  so  taken ; 

5.  Cause  proper  care  and  attendance  to  be  given  to  any  sick 
person,  when  it  shall  appear  to  the  department  that  the  puV>lic 
health  requires  such  person  to  receive  special  medical  care  and 
attendance ; 

0.  Make  reasonable  regulations  concerning  the  publicity  of  any 
papers,  files,  reports,  records  and  proceedings  of  the  department ; 
and,  except  upon  order  of  the  supreme  court,  it  may  withhold 
information  concerning  any  birth,  death  or  marriage; 

7.  Provide  for  light,  ventilation  and  sanitary  inspection  and 
regulation  of  lodging-houses,  and  the  premises  connected  there- 
with; 

8.  Order  the  removal  of  any  vessel  from  which  the  board  shall 
deem  it  probable  that  any  infections  or  contagious  disease  may  be 
brought  into  the  city  or  communicated  to  the  inhabitants  thereof; 

0.  Add  to,  revise,  alter  or  amend  the  sanitary  code  of  the  city 
in  force  at  the  time  this  act  takes  effect; 


72 

10.  Eequire  reports  and  information  of  such  facts,  at  such 
times  and  in  such  form  as  it  may  prescribe,  relative  to  the  safety 
of  life  and  promotion  of  health,  from  all  public  dispensaries,  hos- 
pitals, asylums,  infirmaries,  prisons  and  schools,  and  from  the 
managers,  principals  and  officers  thereof ;  and  from  all  other  pub- 
lic institutions,  their  officers  and  managers,  and  from  the  pro- 
prietors, managers,  lessees  and  occupants  of  all  theatres  and  other 
l^laces  of  public  resort  or  amusement,  Avithin  the  jurisdiction  of 
the  city ; 

11.  Forbid,  and  adopt  means  to  prevent,  communication  with 
or  access  to  any  person,  family,  house,  street  or  part  of  the  city 
infected  with  any  contagious,  infectious  or  pestilential  disease ; 
but  physicians,  nurses  or  messengers  may  carry  advice,  medicines 
and  necessities  to  the  afflicted. 

§  160.  There  shall  be  in  the  department,  in  addition  to  such 
other  bureaus  and  offices  as  may  be  established  therein  by  the 
board  of  estimate  and  apportionment: 

1.  A  bureau  of  general  administration,  the  chief  officer  of  which 
shall  be  called  the  secretary ; 

2.  A  bureau  of  sanitation,  the  chief  officer  of  which  shall  be 
called  the  sanitary  superintendent,  who,  at  the  time  of  his  appoint- 
ment, shall  have  been  for  at  least  ten  years  a  practicing  physician, 
and  for  three  years  a  resident  of  the  city ; 

3.  A  bureau  of  records,  the  chief  officer  of  which  shall  be  called 
the  registrar  of  records; 

4.  A  bureau  of  post  mortem  examinations,  the  chief  officer  of 
which  shall  be  the  chief  medical  examiner,  who  shall  be  a  duly 
qualified  practitioner  of  medicine  and  surgery,  of  at  least  ten 
years'   actual  experience  in  the  practice  of  his  profession. 

§  161.  The  sanitary  code  of  the  city  in  force  when  this  act 
takes  effect  and  all  provisions  of  law  then  existing  fixing  penal- 
ties for  violations  of  the  code  are  continued  in  full  force  and 
effect,  subject  to  revision,  alteration  or  amendment  by  the  depart- 
ment. ITo  amendment  to  the  sanitary  code  shall  become  valid  and 
effectual  until  a  copy  thereof  duly  certified  by  the  secretary  of  • 
the  department  shall  be  filed  with  the  city  clerk,  and  upon  such 
filing  the  amendment  shall  become  part  of  the  sanitary  code. 

§  162.  Nothing  contained  in  this  chapter  or  in  the  sanitary 
code  shall  be  deemed  to  limit  the  storage  of  fertilizers  or  the  keep- 
ing and  slaughtering  of  fowls,  cattle  and  other  domestic  animals 
upon  premises  used  for  farming  in  rural  sections  of  the  city,  or 


73 

to  forbid  tho  ordinary  use  of  country  roads  in  driving  such  fowls, 
cattle  and  other  domestic  animals. 

§  163.  The  department  shall  have  exclusive  charge  and  control 
of  hospitals  for  tho  treatment  of  contagious,  pestilential  or  in- 
fectious disease ;  but,  subject  to  the  approval  of  tho  board  of  esti- 
mate and  apportionment,  may  delegate  to  the  department  of  char- 
ities and  the  board  of  trustees  of  liellevue  and  allied  hospitals  the 
duty  of  providing  for  the  care  and  treatment  of  persons  suffering 
from  such  of  said  diseases  as  may,  in  its  judgment,  be  cared  for 
and  treated  by  such  authorities  without  danger  to  the  public 
health.  Ko  person,  incorporated  hospital  or  municipal  authority, 
other  than  the  health  department,  shall  provide  institutional 
care  and  treatment  for  persons  suffering  from  pestilential,  in- 
fectious or  contagious  diseases  without  obtaining  a  permit  there- 
for from  the  department,  and  such  permit  will  be  revocable  at  any 
time  by  the  commissioner;  but  nothing  herein  contained  shall 
affect  the  jurisdiction  of  the  charities  department  or  of  the 
trustees  of  Bellevue  and  allied  hospitals  over  any  of  the  hospitals 
in  their  charge  at  the  date  this  act  takes  effect,  pending  the 
determination  of  the  department  whether  it  will  or  will  not  issue 
such  permit ;  and  nothing  in  this  section  shall  impair  the  right  of 
any  hospital  to  maintain  a  room  or  rooms  for  the  observation, 
diagnosis  and  temporary  care  of  a  person  having,  or  who  is  sup- 
posed to  have,  a  pestilential,  contagious  or  infectious  disease;  nor 
shall  anything  in  this  section  impair  any  rights  now  possessed  by 
any  incorporated  hospital. 

§  164.  In  the  presence  of  great  and  imminent  peril  to  the 
public  health  by  reason  of  impending  pestilence,  it  shall  be  the 
duty  of  the  board,  having  first  taken  and  filed  among  its  records 
what  it  shall  regard  as  sufficient  proof  to  authorize  its  declaration 
of  such  peril,  and  after  appropriate  resolution,  to  take  such  meas- 
ures and  to  do  and  order,  and  cause  to  be  done,  such  acts  f<»r  the 
preservation  of  the  public  health,  in  addition  to  those  other- 
wise authorized  by  law,  and  make  such  expenditures,  without 
reference  to  any  appropriation,  as  it  may  in  good  faith  declare 
the  public  safety  and  health  to  demand,  and  as  the  mayor  shall  in 
writing  approve.  But  the  exercise  of  this  extraordinary  power 
shall  also,  so  far  as  it  involves  such  excessive  expenditures,  re- 
quire the  written  consent  of  at  least  two  members  of  the  board, 
and  the  approval  as  aforesaid,  of  the  mayor.  And  such  peril 
shall  not  be  deemed  to  exist  except  when,  and  for  such  period  of 
time  as,  the  board  and  mavor  shall  declare. 


74 

§  165.  Tlie  department  shall  have  the  power  to  condemn,  seize 
and  destroy  all  adulterated  or  unwholesome  food,  drink,  provisions 
or  drugs ;  all  foul  or  infected  merchandise  or  articles  of  whatever 
description,  and  all  animals  aiSicted  with  disease  communicable 
to  man. 

§  166.  1.  After  the  thirty-first  day  of  December,  nineteen 
hundred  and  nine,  the  office  of  coroner  in  and  of  the  city  and 
each  borough  included  therein  is  abolished. 

2.  All  powers  vested  in  and  all  duties  required  of  coroners  by 
any  provision  of  the  code  of  civil  procedure,  shall,  upon  and 
after  the  first  day  of  January,  nineteen  hundred  and  ten,  devolve 
upon  aud  be  exercised  and  performed  by  the  county  clerks  of  the 
counties  within  the  city. 

§  167.  The  department  shall  have  exclusive  charge  and  con- 
trol of  the  medical  examination  of  and  autopsy  upon  the  body 
of  any  person  who  shall  die  of  violence  in  the  city,  or  under  such 
circumstances  as  to  afford  reasonable  ground  for  belief  that  death 
has  been  produced  by  criminal  means,  but  no  autopsy  shall  be 
performed  upon  any  such  body,  except  as  hereinafter  provided. 

§  168.  The  chief  medical  examiner  shall  have  general  charge 
and  control  of  all  necessary  medical  examinations  and  autopsies  as 
provided  in  the  last  preceding  section.  Tie  shall  appoint,  with  the 
approval  of  the  president  of  the  board  of  health,  and  at  pleasure 
remove,  medical  examiners  in  and  for  the  several  boroughs  of  the 
city,  as  follows:  Manhattan,  four;  The  Bronx,  two;  Brooklyn, 
two ;  Queens,  two ;  Biehmond,  one ;  each  of  whom  shall  be  a  duly 
qualified  practitioner  of  medicine  and  surgery,  of  at  least  ten 
years'  actual  experience  in  the  practice  of  his  profession,  and  an 
elector  of  the  borough  in  and  for  which  he  is  appointed. 

§  169.  Upon  information  that  there  has  been  found  within  the 
city  the  body  of  a  person  who  is  supposed  to  have  come  to  his 
death  by  violence  or  under  such  circumstances  as  to  afford  reason- 
able grounds  for  belief  that  his  death  has  been  produced  by 
criminal  means,  the  chief  medical  examiner  or  a  medical  examiner 
in  and  for  the  borough  where  such  body  has  been  found  or  is 
lying,  shall  forthwith  go  to  the  place  where  such  body  lies  and  take 
charge  of  the  same;  and,  if  on  view  thereof  and  personal  inquiry 
into  the  cause  and  manner  of  death,  he  deems  an  examination 
involving  dissection  necessary,  he  shall,  upon  being  authorized 
thereto  in  writing  by  the  district  attorney  of  the  county  in  which 
such  body  lies,  or  by  a  city  magistrate  or  justice  of  the  court  of 
special  sessions  of  the  division  of  the  city  wherein  such  body  lies. 


75 

make  autopsy  thereupon,  at  such  place  as  may  have  been  desig- 
nated and  provided  for  such  purpose  by  the  board  of  estimate  and 
apportionment,  and  shall  then  and  there  carefully  cause  a  record 
to  be  made  of  every  fact  and  circumstance  tending  to  show  the 
condition  of  the  body  and  the  cause  and  manner  of  death,  which 
record  he  shall  subscribe.  If  upon  such  view,  personal  inquiry  or 
autopsy,  the  chief  medical  examiner  or  a  medical  examiner  is  of 
opinion  that  the  death  was  caused  by  violence  or  by  criminal 
means,  he  shall  forthwith  file  a  duly  attested  copy  of  such  record 
in  the  office  of  the  district  attorney  of  the  county  and  a  like  copy 
with  a  city  magistrate  holding  court  in  the  borough  wherein  such 
body  lies,  and  shall  certify  to  the  public  administrator  of  the 
county  and  the  registrar  of  records  the  name  and  residence  of  the 
person  deceased,  if  known,  or,  when  the  name  and  residence  can- 
not be  ascertained,  a  description  of  the  person  deceased,  as  fully 
as  may  be,  for  identification,  together  with  the  date  when,  and 
the  cause  and  manner  by  and  in  which  he  came  to  his  death. 

§  170.  A  city  magistrate  shall  authorize  and  direct  the  com- 
missioner to  cause  an  autopsy  to  be  held  upon  the  body  of  any 
person  who  has  died  in  the  city  whenever  it  shall  appear  by  the 
report  of  the  chief  medical  examiner  or  a  medical  examiner  of 
the  health  department,  or  other  satisfactory  information,  that  the 
death  of  such  person  was  caused  by  violence,  or  occurred  under 
such  circumstances  as  to  afford  reasonable  grounds  to  suspect  that 
it  was  produced  by  criminal  means. 

§  171.  Upon  the  presentation  of  a  duly  attested  copy  of  the 
record  of  a  medical  examination  or  autopsy,  made  by  the  chief 
examiner  or  an  examiner  of  the  board  of  health,  or  other  satis- 
factory information  indicating  that  the  death  of  a  person  found 
or  lying  within  his  jurisdiction  was  caused  by  violence  or  by 
criminal  mean?,  a  city  magistrate  shall  hold  an  inquest  upon  the 
body  of  such  person,  in  the  manner  and  form  prescribed  by  title 
one  of  part  six  of  the  code  of  criminal  procedure,  with  the  same 
authority  and  subject  to  the  same  obligations  and  penalties  as  are 
by  law  vested  in  and  imposed  upon  coroners  of  counties. 

§  172.  The  term  "  lodging-house  "  shall  be  construed  to  mean 
any  house  or  building,  or  portion  thereof,  in  which  persons  are 
harbored,  or  received  or  lodged,  for  hire  for  a  single  night,  or  for 
less  than  a  week  at  one  time,  or  any  part  of  a  house  or  building 
which  is  let  for  any  person  to  sleep  in  for  any  term  Ifss  than  a 
week. 


76 

TITLE  8. 

Fire  Department. 

Section  173.  Tlie  department  shall  have  authority  to  prevent 
and  extinguish  fires  in  the  city.  Its  jurisdiction  shall  as  soon  as 
practicable  be  extended  over  all  the  territory  included  within  the 
city,  subject  to  terms  and  conditions  with  respect  to  the  purchase 
and  acquisition  of  property  owned  by  or  under  the  control  of  vol- 
unteer fire  departments  or  forces  to  be  prescribed  by  the  board  of 
estimate  and  apportionment. 

§  174.  The  commissioner  shall  have  the  exclusive  management 
and  direction  of  the  department  and  the  care  and  custody  of  all 
the  property  thereof,  and  may: 

1.  Make  assigiiments  to  duty  in  the  fire  force  in  the  manner 
prescribed  in  the  administrative  code; 

2.  Divide  the  fire  force  into  appropriate  ranks  and  grades  to 
be  designated  by  appropriate  titles,  each  with  such  authority  or 
duties  with  respect  to  the  other  ranks  and  grades  as  the  com- 
missioner may  determine; 

3.  Direct  and  order  any  building  or  buildings  which  shall  be 
on  fire,  or  any  other  building  which  he  may  deem  hazardous  and 
likely  to  take  fire  or  to  convey  fire  to  other  buildings,  to  be  pulled 
down  and  destroyed; 

4.  Exercise  such  authority  with  respect  to  the  storage  and  safe^ 
keeping  of  explosives,  the  loss  of  life  and  precautions  against 
fire,  the  making  and  sale  of  fireworks,  explosive  compounds, 
petroleum,  coal  oils  and  other  substances,  as  may  be  conferred 
upon  him  by  the  administrative  code  and  the  ordinances  of  the 
council ; 

5.  Enter  into  and  examine  at  any  tiine  any  building,  vessel  or 
place  where  any  combustible  material  may  be,  for  the  purpose  of 
ascertaining  any  violation  of  law  or  ordinance ;  and  the  members 
of  the  fire  department  shall,  under  his  direction,  have  similar 
powers ; 

6.  Extinguish  any  fire  on  any  vessel,  or  in  or  upon  any  dock, 
wharf,  pier  or  other  structure  within  the  port  of  New  York,  and 
take  necessary  precautions  to  prevent  the  spread  of  any  such 
fire  to  the  shipping  in  said  port  or  to  the  docks,  wharves,  piers  or 
other  structures  bordering  upon  or  adjacent  thereto.  While  en- 
gaged in  extinguishing  any  such  fire,  the  department  may  pro- 
hibit any  vessel  or  any  person  from  approaching  such  fire  or  the 


vessel,  dock,  wharf,  pier  or  other  structures  in  danger  therefrom, 
and  may  cause  all  vessels  to  be  removed  and  kept  away  from  the 
vicinity. 

§  175.  The  commissioner  shall  appoint  two  deputy  commis- 
sioners, to  be  known  respectively  as  first  and  second  deputy  com- 
missioner. In  the  event  of  the  commissioner's  suspension  or  re- 
moval from  office,  or  death,  the  first  deputy  shall  possess  all  the 
powers  and  perform  all  the  duties  belonging  to  the  office  of  com- 
missioner until  the  office  be  filled  by  appointment  by  the  mayor. 
In  the  event  of  the  commissioners  absence  from  the  city  or  ina- 
bility to  act,  the  deputy  commissioner  highest  in  rank  and  not 
absent  or  unable  to  act  shall  possess  all  the  powers  and  perform 
all  the  duties  of  the  commissioner  except  the  powers  of  promotion, 
appointment  and  transfer.  The  second  deputy  commissioner  shall 
be  an  attorney  and  counselor-at-law  admitted  to  practice  in  the 
courts  of  this  state  at  least  ten  years  prior  to  the  date  of  appoint- 
ment. He  shall  examine,  hear,  investigate  and  try  charges  made 
or  preferred  against  members  of  the  fire  force  and  render  decisions 
thereon  as  hereinafter  provided. 

§  17G.  1.  The  members  of  the  department,  other  than  the 
commissioner  and  deputy  commissioners,  in  office  or  employed 
at  the  date  when  this  act  takes  effect  are  hereby  continued  in  the 
service  of  the  city  as  members  of  the  department  subject  to  the 
authority  conferred  upon  the  commissioner  by  this  act  and  the 
administrative  code. 

2.  The  term  "  fire  force,"  wherever  used  in  this  chapter,  shall 
include  all  persons  under  the  control  of  the  commissioner  charged 
with  the  duty  of  preventing  and  extinguishing  fires  or  investigat- 
ing their  origin,  and  telegraph  operators. 

3.  The  uniformed  force  of  the  department  as  constituted  on 
the  thirty-first  day  of  December,  nineteen  hundred  and  nine,  is 
continued,  subject  to  the  power  of  the  commissioner  to  make 
changes  therein  and  establish  ranks  or  grades  which  shall  not  im- 
pair the  right  of  any  member  of  the  fire  force  to  any  pension  or 
relief  fund  of  the  department. 

§  177.  There  shall  be  in  the  department,  in  addition  to  such 
other  bureaus  as  may  be  established  therein  by  authority  of  the 
board  of  estimate  and  apportionment: 

1.  A  fire  bureau,  which  shall  be  charged  with  the  prevention 
and  extino^uishment  of  fires  and  the  necessary  and  incidental  pro- 
tection of  property:  the  head  of  the  bureau  shall  be  known  as 
"chief  of  fire  department;" 


Y8 

2.  A  bureau  of  combustibles,  wbich  shall  be  charged  with  the 
execution  of  all  laws  relating  to  the  storage,  sale  and  use  of  com- 
bustible materials;  the  head  of  the  bureau  shall  be  known  as 
"  inspector  of  CDmbustibles ;  " 

3.  A  fire  marshal's  bureau,  which  shall  be  charged  with  the 
investigation  of  the  origin  and  cause  of  fires.  The  principal 
officers  of  the  bureau  shall  be  known  as  "  fire  marshals." 

§  178.  "No  person  shall  be  appointed  to  or  hold  any  position  in 
the  department  who  is  not  a  citizen  of  the  United  States  and  who 
shall  not  have  resided  within  the  state  for  at  least  one  year  imme- 
diately preceding  his  appointment,  nor  shall  any  person  be  ap- 
pointed who  has  ever  been  convicted  of  felony;  who  is  unable 
intelligently  to  read  and  write  the  English  language;  or  who  is 
not  between  twenty-one  and  thirty  years  of  age,  except  that  a 
person  whose  name  shall  have  been  placed  on  the  eligible  list 
may  be  appointed  while  his  name  remains  thereon  although  he 
may  meanwhile  have  attained  the  age  of  thirty  years.  Members 
of  the  fire  force  shall  reside  within  the  city  and  shall  have  been 
residents  thereof  for  at  least  one  year  prior  to  their  appointment. 
"No  permanent  appointment  shall  be  made  in  the  department  unless 
the  appointee  shall  have  served  such  probationary  perio'd  as  may 
be  lawfully  prescribed.  Service  during  probation,  if  succeeded 
by  permanent  appointment,  shall  be  deemed  service  in  the  de- 
termination of  eligibility  for  advancement,  promotion,  retirement 
or  pension. 

§  179.  "No  person  holding  a  position  in  the  department  shall  be 
liable  to  military  or  jury  duty,  or  to  arrest  on  civil  process,  or  be 
served  with  subpcenas  from  civil  courts  while  actually  on  duty. 

§  180.  1.  'No  member  of  the  fire  force,  under  penalty  of  for- 
feiting the  salary  or  pay  which  may  be  due  to  him,  shall  withdraw 
or  resign  except  by  permission  of  the  commissioner.  Absence 
without  leave  of  any  member  for  five  consecutive  days  shall  be 
deemed  and  held  to  be  a  resignation  and  the  member  so  absent 
shall  at  the  expiration  of  said  period  cease  to  be  a  member  oi 
the  force. 

2,.  The  salary  or  compensation  of  members  of  the  force  shall 
be  subject  to  all  penalties,  fines,  forfeitures  and  deductions  law- 
fully imposed  for  cause. 

§  181.  1.  Any  member  of  the  fire  force  who  shall  be  found 
guilty  by  the  second  deputy  commissioner  of  any  failure  of  duty 
due  either  to  neglect  or  inefficiency,  violation  of  rules,  neglect  or 
disobedience  of  orders,  absence  without  leave  for  less  than  ten 


79 

consecutive  days,  immoral  conduct,  any  conduct  injurious  to  the 
public  peace  or  welfare  or  unbecoming  an  otEcer,  or  any  breach 
of  discipline,  may  be  punished  by  reprimand  or  by  forfeitiug  and 
withholding  pay  for  a  specified  time  or  by  dismissal  from  the 
force;  but  no  more  than  thirty  days'  pay  shall  be  forfeited  or 
deducted  for  any  offense,  and  the  rules  of  practice  for  fire  force 
trials  hereinafter  referred  to  shall  prescribe  maximum  and  mini- 
mum penalties  for  each  offense  specified  in  such  rules,  which 
penalties  may  be  graded  according  to  the  seriousness  of  the  otfeusc 
and  the  previous  record  of  the  offender  in  respect  to  similar  an«i 
other  offenses. 

2.  Except  as  otherwise  provided  in  this  act  or  the  adminis- 
trative code,  no  member  shall  be  reprimanded,  fined  or  dismissed 
from  the  force  until  written  charges  shall  have  been  made  or 
preferred  against  him  nor  until  such  charges  shall  have  been 
examined,  heard  and  investigated  before  the  second  deputy  com- 
missioner upon  such  reasonable  notice  to  the  member  charged  and 
in  such  manner  of  procedure  as  the  rules  of  practice  for  fire  force 
trials  shall  prescribe. 

3.  The  commissioner  shall  adopt  rules  governing  the  exam- 
ination and  investigation  of  charges  against  members  of  the  force 
and  the  ])ractice  and  procedure  to  be  followe<l  on  the  trial  of 
such  charges  before  the  second  deputy  commissioner,  which  rules 
shall  be  known  as  the  rules  of  practice  for  fire  force  trials  and 
shall  before  they  take  effect  be  approved  by  the  appellate  division 
of  the  supreme  court  in  the  first  judicial  department.  Said  rules 
may  with  like  approval  be  amended  by  the  commissioner. 

4.  When  the  second  deputy  commissioner  shall  find  a  member 
guilty  of  charges  preferred,  he  shall,  subject  to  the  provisions 
of  this  act,  the  administrative  code  and  the  rules  of  practice  for 
fire  force  trials,  determine  the  penalty  to  be  imposed  upon  a 
member,  but  no  decision  of  the  second  deputy  commissioner  dis- 
missing a  member  from  the  force  shall  be  final  until  approved 
and  ordered  to  be  enforced  by  the  commissioner. 

5.  The  commissioner  shall  designate  a  place  in  every  borough 
for  the  trial  of  charges,  which  shall  be  tried  within  the  borough 
in  which  the  accused  member  was  serving  at  the  time  the  charges 
were  preferred. 

6.  The  commissioner  and  chief  of  fire  department  shall  have 
power  to  suspend  any  member  of  the  fire  force  without  pay  pend- 
ing the  trial  of  charges,  but  no  suspension  by  the  chief  of  de- 
partment shall  continue  more  than  three  days  unless  approved 


80 

by  the  commissioner.  If  any  member  so  suspended  shall  not  be 
convicted  by  the  second  deputy  commissioner  of  the  charges  pre- 
ferred, he  shall  be  entitled  to  full  pay  from  the  date  of  suspen- 
sion notwithstanding  such  charges  and  suspension. 

§  182.  JSTo  writ  of  certiorari  sball  hereafter  be  issued  out  of  any 
court,  nor  shall  any  proceeding  of  any  character  be  hereafter 
entertained  by  any  court  except  as  herein  provided,  to  review  any 
determination  of  the  second  deputy  commissioner  or  of  the 
commissioner  made  after  this  act  takes  effect,  of  or  with  respect  to 
any  charges  against  a  member  of  the  fire  force  or  the  trial  .of  such 
charges  or  the  punishment  of  such  member  who  has  been  found 
guilty  thereof.  But  where  such  punishment  is  dismissal  from  the 
force,  the  order  of  dismissal  made  by  the  fire  commissioner  may 
be  reviewed  by  the  appellate  division  of  tbe  supreme  court  in  the 
first  judicial  department  in  the  following  manner  and  not  other- 
wise: The  person  so  dismissed  may  appeal  from  such  order  of 
dismissal  to  said  appellate  division  and  upon  such  appeal  said 
court  may  review  said  order  on  the  law  and  facts,  and  may  either 
afiirm  said  order,  with  or  without  costs,  or  may  reverse  said  order 
and  reinstate  the  appellant  as  a  member  of  the  force,  and  may  in- 
clude in  its  decision  a  direction  with  respect  to  the  pay  of  the  ap- 
pellant from  the  time  of  his  dismissal,  and  may  in  its  discretion 
award  the  appellant  the  costs  of  the  appeal,  including  a  reasonable 
allowance  for  counsel  fee.  Any  costs  and  counsel  fees  so  awarded 
to  the  appellant  shall  be  paid  in  the  same  manner  as  judgments 
against  the  city  are  paid.  The  decision  of  said  appellate  division 
shall  be  final.  The  procedure  and  practice  with  reference  to  such 
appeals  shall  be  prescribed  in  the  rules  of  practice  for  fire  force 
trials. 

§  183.  ISTo  person  shall  continue  to  be  a  member  of  the  fire 
force  after  attaining  the  age  of  sixty-five  years,  and  any  member 
who  shall  attain  such  age  shall  thereupon  be  retired  and  relieved 
from  duty  therein.  Members  of  the  fire  force  may  also  retire  on 
their  own  application  or  be  retired  by  order  of  the  commissioner  in 
the  cases  prescribed  in  the  administrative  code  and  not  otherwise. 


81 

TITLE  9. 

Department  of  Education. 

Section  18-i.  The  board  of  educutiou  of  The  City  of  JS'ew  York 
created  by  chapter  three  hundred  and  seventy-eight  of  the  laws  of 
eighteen  hundred  and  ninety-seven,  and  acts  amendatory  thereof, 
is  hereby  abolished,  its  abolition  to  take  etfect  as  soon  as  the  de- 
partment of  education,  as  herein  constituted,  shall  have  been  or- 
ganized in  conformity  with  this  act.  The  terms  of  office  and  the 
official  functions  of  members  of  the  board  shall  cease  on  February 
first,  nineteen  hundred  and  ten;  and  all  actions  and  proceedings 
by  or  against  said  board  then  pending  shall  be  continued  by  or 
against  the  city,  which  shall  be  substituted  therein  for  said  board. 

§  185.  Except  as  in  this  act  or  in  the  administrative  code  other- 
wise provided,  all  rights,  powers,  authority,  trusts,  duties  and 
obligations  vested  in  or  imposed  upon  the  board  of  education  of 
The  City  of  New  York  at  the  time  this  act  takes  effect,  are  hereby 
vested  in  and  imposed  upon  the  board  as  in  this  act  constituted; 
but  the  said  board  shall  not  possess  the  powers  or  privileges  of  a 
corporation.  All  the  schools  and  the  school  system  of  the  city 
shall  be  under  its  control.  Wherever  used  in  this  title,  the  word 
"'  schools  "  shall  mean  public  schools,  and  the  words  "  school  sys- 
tem "  the  public  school  system. 

§■  186.  The  schools  shall,  under  such  regulations  as  the  board 
may  prescribe,  not  in  conflict  with  the  consolidated  school  law,  be 
free  to  all  persons  over  four  and  under  twenty-one  years  of  age 
residing  in  the  city;  but  no  child  mider  six  years  of  age  shall  be 
received  in  said  schools  except  in  kindergarten  classes. 

§  187.  All  property,  real  and  personal,  heretofore  acquired  by 
the  city  and  now  used  by  it  for  school  or  educational  purposes, 
and  all  property,  real  and  pei*sonal,  hereafter  acquired  by  it  for 
such  purposes,  shall,  in  the  manner  provided  in  this  title,  be 
under  the  care  and  control  of  the  department  for  the  purposes  of 
public  education  and  recreation  and  for  other  public  and  for  social 
uses. 

§  188.  The  board  ?hall  consist  of  fiffetn  members,  to  be  known 
as  commissioners  of  education  one  of  whom,  to  be  designated  by 
the  mayor,  shall  bo  president ;  they  shall  be  appointed  by  the  mayor 
and  may  be  removed  at  his  pleasure.  Thoy  shall  be  appointed 
from  the  several  boroughs  in  such  manner  that  there  shall  be  five 
for  the  borough  of  Manhattan;  four  for  the  borough  of  Brooklyn; 


82 

two  for  the  borough  of  The  Bronx,  Queens  and  Eichmond  respec- 
tively. During  the  month  of  January,  nineteen  hundred  and  ten, 
the  mayor  shall  appoint  fifteen  commissioners  whose  terms  of 
oiEce  shall  begin  on  the  first  day  of  February  of  that  year. 
The  board  shall  be  divided  by  the  mayor  into  three  classes,  each 
to  consist  of  five  commissioners.  The  term  of  office  of  the  com- 
missioners of  the  first  class  shall  end  at  the  expiration  of  two 
years  from  February  first,  nineteen  hundred  and  ten;  of  the 
second  class,  at  the  expiration  of  four  years  from  said  date;  and 
of  the  third  class,  at  the  expiration  of  six  years  from  said  date. 
In  the  month  of  January,  nineteen  hundred  and  twelve,  and  every 
two  years  thereafter,  the  mayor  shall  appoint  five  commissioners 
to  serve  for  the  term  of  six  years,  beginning  on  the  first  of  Feb- 
ruary following. 

§  189.  Every  vacancy  in  the  ofiice  of  commissioner  shall  be 
filled- by  appointment  by  the  mayor  for  the  unexpired  term,  sub- 
ject to  the  provisions  of  this  act  as  to  residence  of  commissioners. 
Removal  of  a  commissioner  from  the  borough  from  which  he  was 
appointed  shall  vacate  his  office.  Every  commissioner  shall 
serve  without  pay. 

§  190.  The  board  shall  have  power  to  appoint  (1)  the  follow- 
ing administrative  officers:  A  secretary  of  the  department;  a 
chief  clerk;  an  auditor;  a  director  of  school  buildings,  who  shall 
be  an  architect  of  experience  and  good  standing;  a  supervisor  of 
supplies;  a  supervisor  of  janitors;  and  such  employees  as  may  be 
necessary  for  the  discharge  of  the  administrative  duties  of  the 
department,  and  as  shall  be  authorized  by  the  board  of  estimate 
and  apportionment;  and 

(2)  The  following  officers  constituting  the  supervising  staff: 
The  city  superintendent  of  schools,  associate  superintendents  of 
schools,  district  superintendents  of  schools,  directors  of  special 
branches,  assistant  directors  of  special  branches,  examiners,  a 
supervisor  of  lectures,  an  assistant  supervisor  of  lectures,  and  a 
superintendent  of  libraries.  No  one  shall  be  eligible  to  appoint- 
ment to  a  position  upon  the  supervising  staff  unless  he  shall 
possess  the  qualifications  for  such  position  prescribed  in  the  ad- 
ministrative code.  With  the  approval  of  the  board  of  estimate 
and  apportionment  the  board  may  appoint  employees  to  assist  the 
supervising  staff  or,  by  its  by-laws,  confer  such  power  of  appoint- 
ment upon  members  of  said  staff. 

§  191.  Every  member  of  the  administrative  and  of  the  super- 
be  removed  for  cause  by  vote  of  at  least  two-thirds' 


83 

of  the  commissionerF,  and  may  be  suspended  by  ibe  board  or  its 
president,  pending  the  trial  of  charges. 

§  102.  The  department  shall  have  power  subject  to  the  pro- 
visions of  this  act  and  the  administrative  code: 

1.  To  establish  and  conduct  elementary  schools,  kindergartens, 
manual  training  schools,  trade  schools,  truant  schools,  evening 
schools,  vacation  schools,  high  schools,  training  schools  or  classes 
for  teachers,  and  such  other  kinds  of  schools  as  may  be  author- 
ized by  the  administrative  code; 

2.  To  discontinue  or  consolidate  schools; 

3.  To  change  the  grades  of  schools  and  of  classes  in  any  school 
in  the  system,  and  to  adopt  and  modify  courses  of  study  for  all 
classes ; 

4.  To  construct,  repair,  alter  and  maintain  school  buildings; 

5.  To  maintain  free  lectures  and  courses  of  instruction  for  the 
people ; 

6.  To  provide  special  day  or  evening  classes  to  instruct  in  the 
English  language  persons  who  cannot  use  tliat  language  intel- 
ligently, and  "whose  vocations  prevent  their  attendance  at  the 
other  schools; 

7.  To  establish  and  maintain  playgrounds  (in  connection  with 
the  schools)  and  school  farms ; 

8.  Upon  the  written  recommendation  of  the  board  of  super- 
intendents, to  approve  text  books,  apparatus,  and  other  scholastic 
supplies  for  use  in  the  schools ;  but  no  lx>C'k  of  which  any  member 
of  the  board  or  any  officer  or  employee  is  the  author  shall  be  u^ed 
in  the  public  schools  except  with  the  approval  of  the  board  of 
education ; 

9.  To  recommend  to  the  board  of  estimate  and  apportionment 
llie  renting  of  property  necessary  for  school  accommodations; 

10.  To  enact  by-laws,  rules,  and  rcirulations,  not  inconsistent 
with  law,  for  the  proper  execution  of  all  powers  and  duties,  and 
transaction  of  all  business  of  the  department,  the  board,  its  mem- 
bers and  committees,  and  of  the  several  local  school  boards; 
regulating  and  defining  the  respective  duties  of  all  officers  and 
employees  in  the  administrative,  the  supervising,  and  the  teach- 
ing staff;  regulating  the  manner  of  making  disbursements  from 
any  funds  apportioned  to  any  borough  for  school  purposes;  and 
providing  for  the  promotion  of  the  welfare  and  best  interests  of 
the  schools  and  the  school  system.  Tntil  such  by-laws,  rules,  and 
regulations  shall  have  been  enacted,  the  by-law^?,  rules,  and  regu- 
lations of  the  board  in  force  on  the  first  day  of  January,  nineteen 


84 

hundred  and  ten.  shall,  so  far  as  applicable  and  not  inconsistent 
with  the  provisions  of  law,  continue  in  force  and  effect  as  the  by- 
laws, rules,  and  regulations  of  the  department. 

§  193.  The  city  superintendent  and  the  associate  city  superin- 
tendents shall  constitute  the  board  of  superintendents.  The  city 
superintendent  and  the  examiners  shall  constitute  a  board  of 
examiners,  which  shall  examine  all  applicants  for  licenses  to  be 
issued  by  it  and  shall  issue  to  such  as  pass  the  required  tests  of 
character,  scholarship,  and  general  fitness,  the  licenses  which  they 
are  found  entitled  to  receive. 

§  194.  The  term  "  members  of  the  teaching  staff "  shall  in- 
clude all  principals,  heads  of  departments,  teachers,  assistants, 
inspectors;  and  all  members  of  the  teaching  staff  shall  be  ap- 
pointed by  the  board  from  the  eligible  lists  prescribed  in  the  ad- 
ministrative code. 

§  195.  Appointments  to  and  promotions  in  the  teaching  staff, 
except  as  otherwise  provided  by  law,  shall  be  made  according  to 
merit  and  fitness  to  be  ascertained  so  far  as  practicable  by  ex- 
amination which,  so  far  as  practicable,  shall  be  competitive,  l^o 
member  of  the  teaching  staff  shall  be  selected,  appointed,  pro- 
moted, or  reinstated  except  in  accordance  with  the  i3rovisions  of 
this  act.  The  tenure  of  all  members  of  the  teaching  staff  except 
probationers  shall  continue  during  good  behavior  and  competency. 
Reassignment  of  members  of  the  teaching  staff  from  a  higher  to 
a  lower  grade  shall  be  made  only  for  cause  after  a  hearing  as 
provided  by  law.  Members  of  the  teaching  staff  may  be  removed 
for  cause  after  trial  according  to  the  provisions  of  the  adminis- 
trative code  and  the  rules  and  regulations  of  the  board.  The  name 
of  any  member  whose  position  is  abolished  shall  forthwith  be 
placed  upon  the  preferred  eligible  list. 

§  196.  The  department  shall,  between  the  first  day  of  August 
and  the  thirtieth  day  of  September  in  each  year,  make  and  trans- 
mit to  the  state  superintendent  of  public  instruction  a  report  in 
writing  of  the  state  school  3'ear  ending  on  the  next  preceding 
thirty-first  day  of  July,  the  report  to  be  in  such  form  and  to  state 
such  facts  as  the  state  superintendent  and  the  consolidated  school 
law  shall  require. 

§  197.  There  shall  be  a  local  school  board  in  and  for  each 
council  district,  to  consist  of  five  members,  at  least  two  of  whom 
shall  be  women.  The  board  shall  appoint  the  local  school  boards 
in  the  manner,  for  the  term,  and  with  the  functions,  powers  and 


duties,  prescribed  in  the  administrative  code.  Whenever  and  as 
often  as  there  shall  be  an  alteration  of  council  districts,  the  local 
school  board  districts  shall  change  to  conform  with  council  dis- 
tricts. 

§  198.  'No  school  shall  be  entitled  to  or  receive  any  portion 
of  the  school  moneys  in  which  the  religious  doctrines  or  tenets 
of  any  particular  Christian  or  other  religious  sect  shall  be  taught, 
inculcated  or  practiced,  or  in  which  any  book  or  books  containing 
compositions  favorable  or  prejudicial  to  the  particular  doctrines 
or  tenets  of  any  particular  Christian  or  other  religious  sect  shall 
be  used,  or  which  shall  teach  the  doctrines  or  tenets  of  any  other 
religious  sect,  or  which  shall  refuse  to  permit  the  investigations 
and  examinations  provided  for  by  law.  But  nothing  herein  con- 
tained shall  authorize  the  board  to  exclude  the  Holy  Scriptures, 
without  note  or  comment,  or  any  selection  therefrom,  from  any 
of  the  schools;  but  it  shall  not  be  competent  for  the  board  to 
decide  what  version,  if  any,  of  the  Scriptures,  without  note  or 
comment,  shall  be  used  in  any  school;  provided  that  nothing 
herein  contained  shall  be  so  construed  as  to  violate  the  rights 
of  conscience  secured  by  the  constitution  of  this  State  and  of 
the  United  States. 

§  199.  The  College  of  The  City  of  Xew  York  shall  continue 
to  be  a  body  corporate  and  as  such  shall  have  the  powers  and 
privileges  of  a  college,  pursuant  to  the  educational  law  and  be 
subject  to  the  provisions  of  law  relative  to  colleges  and  to  the 
visitation  of  regents  of  the  university,  in  like  manner  as  the  other 
colleges  of  the  state. 

§  200.  All  acts  of  the  legislature  in  force  on  ^March  thirtieth, 
eighteen  hundred  and  sixty-six,  in  regard  to  the  free  academy, 
and  to  its  control,  management,  sup|X)rt  and  aflfairs,  not  since 
modified  or  repealed  and  not  inconsistent  with  the  provisions  of 
this  act,  and  all  laws  in  force  at  the  time  this  act  takes  effect; 
relative  to  the  College  of  The  City  of  Xew  York,  not  inconsistent 
with  this  act,  are  hereby  declared  to  be  applicable  to  said  college. 

§  201.  The  Xormal  College  of  The  City  of  Xew  York  is  hereby 
declared  to  be  a  separate  and  distinct  organization  and  body  cor- 
porate, and  as  such  shall  have  the  powers  and  privileges  of  a 
college,  pursuant  to  the  educational  law  and  be  subject  to  the 
provisions  of  the  statutes  relative  to  colleges  and  to  the  visita- 
tion of  the  regents  of  the  university,  in  like  manner  as  the  other 
colleges  of  the  state. 


86 

TITLE  10. 

Department  of  Docks  and  Ferries. 

Section  202.  The  commissioner  shall  have  charge  and  control 

1.  Of  all  water-front  property  which  now  or  may  hereafter  he 
owned  or  possessed  by  the  city ;  and  of  regulating,  developing  and 
improving  the  same ; 

2.  Of  cleaning,  repairing,  building,  rebuilding,  maintaining, 
altering,  strengthening  and  protecting  said  water-front  property 
and  of  dredging  and  deepening  in  and  about  the  same; 

3.  Of  fixing  the  lines  of  bullvheads  and  pierheads  in  accordance 
with  the  lines  now  or  hereafter  established  by  law ; 

4.  Of  making  surveys,  soundings  and  other  examinations  of  all 
Avater-front  property  within  the  city; 

5.  Of  fixing  the  distance  between  piers  and  of  prescribing  the 
method  and  character  of  construction  of  all  wharf  property  within 
the  city; 

6.  Of  regulating  all  water-front  property  within  the  city  not 
owned  or  possessed  by  the  city; 

7.  Of  completing  the  plans  for  the  water-front  heretofore 
adopted  by  the  sinking  fund  commissioners  and  filed  pursuant  to 
law ;  and  of  altering  and  amending  said  plans ; 

8.  Of  regulating,  maintaining,  opening,  widening,  constructing 
or  closing  marginal  wharves  in  accordance  with  plans  adopted 
or  altered  pursuant  to  law; 

9.  Of  all  ferries  and  ferry  property  belonging  to  the  city ; 

10.  Of  acquiring  water-front  and  ferry  property  or  any  inter- 
est therein  for  the  city. 

§  203.  The  commissioner  shall,  as  provided  in  the  admin- 
istrative code,  set  apart  suitable  and  sufficient  water-front  and 
wharf  property  for: 

1.  Boats  navigating  the  canals  of  the  state; 

2.  Boats  not  connected  with  any  established  steamship  or  rail- 
road line  leasing  wharf  property  from  the  city ; 

3.  Markets; 

4.  Floating  baths  and  recreation  piers ; 

5.  The  departments  of  the  city; 

6.  General  wharfage  purposes ; 

7.  And  such  other  uses  as  the  board  of  estimate  and  apportion- 
ment may  designate. 


87 

§  204.  The  commissioner  shall  execute  iu  the  name  of  the 
city  such  leases  of  ferries  and  water-frbut  property  as  may  be 
approve*!  by  the  board  of  estimate  and  apportiuument  as  sinking 
fund  commissioners.  Said  leases,  except  ferry  leasee,  shall  be 
for  terms  not  exceeding  ten  years  and  may  contain  covenants 
for  one  or  more  renewals  not  exceeding  ten  years  at  readjusted 
rents;  but  such  term  and  renewals  shall  not  iu  the  aggregate 
exceed  fifty  years.  Leases  of  ferries,  including  such  water-lrunt 
property  as  may  be  required  for  ferries,  shall  be  for  a  tenn  not 
to  exceed  twenty-five  years  and  one  renewal  not  to  exceed  ten 
years. 

§  205.  The  commissioner  shall  maintain  and  operate  such 
ferries  as  the  board  of  estimate  and  apportionment  may  authorize. 

§  206.  The  functions  arid  powers  conferred  in  this  title  upon 
the  dock  commissioner  with  respect  to  the  building,  rebuilding 
and  extension  of  permanent  bulkheads,  wharves,  docks,  piers, 
slips  and  basins  o^vned  by  the  city,  the  alteration  and  amendment 
of  the  plans  adopted  by  the  sinking  fund  commissioners,  the  estab- 
lishment of  new  ferries  saxd  acquisition  of  water-front  property  or 
any  interest  therein,  the  prescription  of  character  of  service  and 
boats,  speed,  frequency  of  trips,  and  rates  of  fare,  freight  and 
commutation,  in  ferry  leases,  and  designation  of  wharf  property 
of  the  city  for  general  wharfage  purposes  and  for  the  i)ermanent 
and  exclusive  use  of  the  fire  department,  shall  be  exercised  only 
with  the  approval  of  the  board  of  estimate  and  apportionment  as 
sinking  fund  commissioners. 

§  207.  Wherever  used  in  this  title: 

1.  "  Bulkhead  line  "  means  the  line  beyond  which  it  is  unlaw- 
ful to  fill  in  with  solid  material  in  the  •v\'atcr3  of  the  port  of  Xew 
York,  except  in  the  construction  of  piers; 

2^  "  ^Marginal  wharf  "  means  the  area  extending  inshore  from 
the  bulkhead  line  shown  on  any  plan  for  the  improvement  of  the 
water-front  adopted  pursuant  to  law, 

(a)  Designated  as  "marginal  street,  wharf  or  place;"  or, 

(b)  Authorized  by  law  to  In?  used  for  the  dejMJsit  or  transfer 
of  goods  and  merchandise  upon,  over  or  under  the  same ; 

3.  "  Permanent  bulkhead,  wharf,"  or  other  structure,  means  a 
bulkhead,  wharf,  or  a  structure  on  a  marginal  wharf,  intended 
to  continue  for  an  indefinite  time,  as  opposed  to  a  temporary  bulk- 
head, wharf  or  other  structure  to  remain  only  during  the  interval 
between  the  authorization  of  a  marginal  wharf,  or  the  widening 


88 

thereof,  and  the  commencement  of  the  construction  of  such  mar- 
ginal wharf  or  the  widening  thereof. 


TITLE  II. 
Park  Department. 

Section  208.  The  park  board  shall  consist  of  three  members  to  be 
known  as  the  park  commissioner  for  the  boroughs  of  Manhattan 
and  Richmond ;  the  park  commissioner  for  the  boroughs  of  Brook- 
lyn and  Queens,  and  the  park  commissioner  for  the  borough  of 
The  Bronx.  Each  commissioner  shall  when  appointed  be  a  resi- 
dent of  the  borough,  or  one  of  the  boroughs,  for  which  he  is 
appointed.  Subject  to  the  provisions  of  this  act,  the  adminis- 
trative code  and  the  general  rules  and  regulations  of  the  board, 
each  member  thereof  shall  have  independent  administrative  juris- 
diction in  the  borough  or  boroughs  for  which  he  is  appointed. 

§  209.  The  board  shall  have  general  charge  and  control  of 
all  public  parks  and  parkways  and  of  all  streets  connecting  parks 
and  parkways  which  shall  be  placed  under  its  jurisdiction  by 
resolution  of  the  board  of  estimate  and  apportionment. 

§  210.  Subject  to  the  provisions  of  this  act  and  the  adminis- 
trative code,  the  board  shall: 

1.  Establish  and  enforce  rules  and  regulations  for  the  govern- 
ment and  protection  of  all  public  parks  and  parkways  and  of  all 
streets  and  property  of  every  kind  in  the  charge  or  under  the 
control  of  the  department,  which  rules  and  regulations  shall  be 
uniform  as  far  as  practicable,  in  all  the  boroughs; 

2.  Appoint  and  prescribe  the  duties  of  a  secretary  and  such 
subordinate  officers  in  the  central  office  of  the  department,  as  may 
be  authorized  by  the  board  of  estimate  and  apportionment ; 

3.  Appoint  a  competent  landscape  architect  whose  assent  shall 
be  requisite  to  all  plans  or  propositions  respecting  the  conforma- 
tion, alteration  or  ornamentation  of  the  parks  or  parkways. 

§  211.  Ecal  and  personal  property  grantedj  devised,  bequeathed 
or  conveyed  to  the  city  for  the  purposes  of  the  improvement  or 
ornamentation  of  parks  or  parkways,  or  for  the  establishment  or 
maintenance,  within  the  limits  of  any  park,  of  museums,  zoo- 
logical, botanical  or  other  gardens,  collections  of  natural  history, 
observatories,  or  works  of  art,  shall  be  managed,  directed  and 
controlled  by  the  commissioner  for  the  borough  or  borou2:hs  in 


89 

which  the  same  is  situated,  upon  such  terms  and  conditions  as 
may  have  been  prescribed  by  the  grantors  or  donors  thereof  and 
accepted  by  the  city. 

§  212.  From  and  after  the  time  when  this  act  takes  effect,  all 
control  and  jurisdiction  of  the  park  board,  and  of  the  park  com- 
missioner for  the  boroughs  of  ^lanhattan  and  Richmond,  of  the 
plans,  work  or  construction  respecting  the  improvement  of  the 
Harlem  river,  shall  cease;  provided  that  such  board  and  com- 
missioner shall  continue  to  have  control  and  jurisdiction  of  so 
much  of  the  water-front  of  the  borough  of  Manhattan,  on  the 
Harlem  river,  as  is  above  the  low-water  mark  and  extends  along 
the  easterly  and  northerly  sides  of  the  park  known  as  the  drive- 
way, authorized  by  chapter  one  hundred  and  two  of  the  laws  of 
eighteen  hundred  and  ninety-three  and  acts  amending  the  same. 

§  213.  Each  commissioner  shall: 

1.  Control  all  public  parks  and  parkways  which  arc  situated  in 
the  borough  or  boroughs  over  which  he  has  jurisdiction,  and  of 
the  streets  immediately  adjoining  the  same;  but  such  jurisdiction 
shall  not  extend  to  or  include  the  buildings  which  are  now  or  may 
hereafter  be  erected  in  such  parks,  squares  or  public  places  for 
governmental  purposes  other  than  those  of  the  department ; 

2.  Maintain  the  beauty  and  utility  of  all  parks  and  park- 
ways under  his  jurisdiction,  and  institute  and  execute  all 
measures  for  the  improvement  thereof  for  ornamental  purposes 
and  for  the  beneficial  uses  of  the  people ; 

;3.  Authorize  and  regulate  the  projections  on  and  determine 
the  line  or  curb  and  the  surface  construction  of  all  streets  lying 
within  any  park  under  his  jurisdiction,  and  of  all  other  streets  or 
parts  of  streets  that  may  be  placed  under  hir^  jurisdiction  pursuant 
to  section  two  hundred  and  nine; 

4.  Plant  trees  and  construct,  erect  and  establish  seats,  drink- 
ing fountains,  statues  and  works  of  art,  when  he  may  deem  it 
appropriate  so  to  do,  on  any  pari  of  the  streets  within  such 
environments ; 

5.  Determine  when  and  where  lamps  or  lighting  appliances 
shall  be  placed  and  lighted  in  the  parks,  parkways  and  streets 
within  his  jurisdiction; 

0.  Permit,  subject  to  the  approval  of  the  landscape  architect, 
on  the  application  in  writing  of  the  fire  commissioner,  a  building 
for  fire  apparatus  to  be  placed  in  any  of  the  parks  under  bis  juris- 
diction, provided  the  building  be  so  located  and  constructed  as,  in 


on 

his  judgment,   not  to  disfigure  or  encumber  the  said  park,  or 
interfere  with  the  purposes  of  public  use  and  recreation; 

7.  Maintain  and  appoint  such  superintendents,  engineers, 
clerks,  mechanics,  laborers  and  other  employees  as  may  be  author- 
ized by  the  board  of  estimate  and  apportionment; 

8.  Control  and  dispose  such  members  of  the  police  force  as 
may  be  assigned  for  duty  in  the  parks,  parkways  or  streets  under 
his  jurisdiction; 

9.  Perform  all  contracts  hereafter  entered  into  by  the  board 
of  estimate  and  apportionment  for  the  use  of  the  parks  for  pur- 
poses of  art  or  education. 

The  office  of  the  commissioner  for  the  boroughs  of  Manhattan 
and  Eichmond  shall  be  maintained  in  the  borough  of  Manhattan ; 
that  of  the  commissioner  for  the  boroughs  of  Brooklyn  and 
Queens,  in  the  borough  of  Brooklyn ;  and  that  of  the  commissioner 
for  the  borough  of  The  Bronx,  in  that  borough. 

§  214.  In  accordance  with  the  provisions  of  the  administrative 
code:  1.  The  commissioner  for  the  boroughs  of  Manhattan  and 
Eichmond  is  hereby  authorized  and  directed  to  continue  the  con- 
tracts with  the  Metropolitan  Museum  of  Art;  the  American  Mu- 
seum of  ISTatural  History;  the  jS'ew  York  Public  Library,  Astor, 
Lenox  and  Tilden  foundations,  and  with  the  'New  York  Zoological 
Society  for  the  maintenance  of  the  Aquarium  in  Battery  park; 

2.  The  commissioner  for  the  boroughs  of  Brooklyn'  and  Queens 
is  hereby  authorized  and  directed  to  continue  the  contract  and 
lease  with  the  Brooklyn  Institute  of  Arts  and  Sciences ; 

3.  The  commissioner  for  the  borough  of  The  Bronx  is  hereby 
authorized  and  directed  to  continue  the  contracts  with  the  board 
of  managers  of  the  iSTew  York  Botanical  Garden  and  the  board  of 
managers  of  the  ISTew  York  Zoological  Society. 


TITLE  12. 
Department  of  Water  Supply. 

Section  215.  The  commissioner  shall  have  the  care,  manage- 
ment and  control: 

1.  Of  all  structures  and  property  connected  with  the  supply  and 
distribution  of  water  for  public  use,  including  fire  and  drinking 
hydrants  and  water  meters,  except  structures  and  property  owned 
by  private  corporations; 


91 

2.  Of  maintaining  the  quality  of  the  water  supply  and  of  the 
investigation  for  and  consti-uction  of  all  work  necessary  to  deliver 
the  proper  and  required  quantity  of  water  with  ample  reseno  for 
contingencies" and  future  demands; 

3.  Of  making  such  regulations  concerning  the  use  of  water  as 
may  be  authorized  by  the  administrative  code  or  the  ordinancee 
of  the  council.  He  shall,  subject  to  the  approval  of  the  board  of 
estimate  and  apportionment,  tix  a  uniform  scale  of  rents  and 
charges  for  water  supplied  by  the  city. 

§  21G.  The  commissioner  shall  have  power : 

1.  To  examine  into  the  sources  of  water  supply  of  any  private 
company  supplying  the  city  or  any  portion  thereof  or  its  inhabi- 
tants with  water,  to  see  that  the  same  is  wholesome  and  the  supply 
adequate,  and  to  establish  such  rules  and  regulations  in  respect 
thereto  as  are  reasonable  nnd  necessary  for  the  safety,  conveni- 
ence and  welfare  of  the  public  and  consumers  of  water ; 

2.  To  exercise  superintendence,  regulation  and  control  in  re- 
spect of  the  supply  of  water  by  any  such  private  company,  in- 
cluding rates  and  charges  to  be  made  therefor,  except  that  such 
rates  and  charges  shall  not,  without  the  consent  of  the  company, 
be  reduced  by  the  commissioner  beyond  what  is  just  and  reason- 
able: in  case  of  a  controversy,  the  question  of  what  is  just  and 
reasonable  shall  be  finally  determined  as  a  judicial  question  on 
its  merits  by  a  court  of  competent  jurisdiction; 

3.  To  contract  with  any  municipal  corporation  or  board  thereof, 
for  a  supply  of  wholesome  water  for  any  of  the  boroughs  or  any 
part  thereof,  from  the  water  Avorks  or  water  belonging  to  such 
mimieipal  corporation  or  under  the  charge  and  control  of  such 
board,  and  to  procure,  purchase  and  lay,  provide  and  make  ready 
for  use  mains,  pipes  and  other  means  and  appliances,  and  erect 
hydrants  necessary  and  sufiicient  to  distribute  and  supply  the 
water  procured  under  any  such  contract ; 

4.  To  agree  with  any  owner  of  lands  in  any  borough  for  an 
irrevocable  license  to  enter  upon,  lay,  repair,  keep  in  order  and 
maintain  mains,  pipes,  conduits  and  hydrants  in,  through  and 
upon  said  lands ; 

5.  To  use  the  ground  or  soil  under  any  street,  highway  or  road 
within  the  state  for  the  purpose  of  introducing  water  into  the 
city,  on  condition  that  he  shall  cause  the  surface  of  said  street, 
highway  or  road  to  be  restored  to  its  original  state  and  repair  all 
damage  thereto; 


92 

6.  To  enter  upon  any  real  estate  or  water  on  or  contiguous  to 
the  line,  course,  site  or  track  of  any  pond,  lake,  stream,  reservoir, 
dam,  aqueduct,  culverts,  sluices,  canals,  bridges,  tunnels,  pumping 
works,  blow-offs,  shafts  and  other  appurtenances,  for  the  purpose 
of  making  surveys  required  by  the  provisions  of  this  act  or  of  the 
administrative  code;  and  all  engineers,  surveyors  and  other  em- 
ployees of  the  department  of  water  supply  shall  have  the  same 
right  of  entry  for  the  same  purposes  when  acting  under  instruc- 
tions of  the  commissioner; 

7.  To  prescribe  a  pen'alty,  not  exceeding  the  sum  of  five  dol- 
lars for  each  offense,  for  permitting  water  to  be  wasted  and  for 
any  violation  of  rules  prescribed  by  him  for  the  prevention  of 
the  waste  of  water,  such  fines  to  be  added  to  the  water  rents  and 
charges.  ISTo  contract  or  agreement  for  any  of  the  purposes  speci- 
fied in  subdivisions  three  and  four  shall  be  made  unless  the 
proposed  contract  or  license,  in  the  exact  terms  in  which  it  is  to 
be  executed,  shall  first  have  been  submitted  to  and  approved  by 
the  board  of  estimate  and  apportiomnent. 

§  217.  The  commissioner  may  when  duly  authorized  enter  into 
such  contracts  as  are  prescribed  by  subdivision  fifteen  of  section 
sixty-four  of  this  act. 

§  218.  The  commissioner  shall: 

1.  Preserve  all  lakes,  streams  and  other  waters  from  which  a 
water  supply  is  drawn,  and  the  banks  thereof,  from  injury  or 
nuisance,  and  take  such  measures  as  may  be  necessary  to  preserve 
and  increase  the  quantity  of  water  and  to  keep  it  pure,  whole- 
some and  free  from  contamination  and  pollution; 

2.  Preserve,  repair  and  have  control  of  the  dams,  gates,  aque- 
ducts and  bridges,  water  towers,  reservoirs,  mains,  pipes,  pipe- 
yards  and  property  of  every  description  belonging  to  the  water 
works ; 

3.  Construct  such  new  works  and  purchases  and  lay  down  such 
mains  and  pipes  as  may  be  authorized  by  the  board  of  estimate 
and  apportionment. 

§  219.  The  department  shall  be  responsible  for  the  supply  of 
water  and  the  good  order  and  security  of  all  the  water  Avorks  and 
for  the  exactness  and  durability  of  the  structures  which  may  be 
erected;  for  the  daily  work  to  be  performed;  for  the  sufiiciency 
of  the  supply  in  the  pipeyards  to  meet  every  casualty ;  and  for  the 
fidelity,  care  and  attention  of  all  persons  employed  by  the  depart- 
ment in  watching  the  works  and  in  construction  and  repairs. 

§  220.  Any  lake  or  reservoir  constructed  at  the  expense  of 
the  city  or  of  any  of  the  municipal  and  public  corporations  and 


93 

parts  thereof  herctolore  united  and  consolidated  to  form  The  City 
of  New  York,  and  all  lakes  and  reservoirs  hereafter  constructed 
at  the  expense  of  the  city,  shall  he  subject  to  such  sanitary 
regulations  as  the  state  board  of  health  may  prescribe. 

§  221.  Nothing  contained  in  this  act  shall  bo  deemed  or  held 
to  limit  or  in  any  manner  affect  the  powers  and  jurisdiction  of 
the  state  water  supply  commission  or  the  provisions  of  chapter 
seven  hundred  and  twenty-three  of  tho  laws  of  nineteen  hundred 
and  five  and  the  acts  amendatory  thereof. 

§  222.  The  office  of  aqueduct  commissioner  created  by  chapter 
four  hundred  and  ninety  of  the  laws  of  eighteen  hundred  and 
eighty-three  and  the  acts  amendatory  thereof,  is  hereby  abolished, 
and  all  the  rights,  powers,  authority,  jurisdiction,  duties  and  ob- 
ligations heretofore  by  law  vested  in  or  imposed  upon  the  aque- 
duct commissioners  are  hereby  vested  in  and  imposed  upon  the 
commissioner,  subject  to  the  provisions  of  this  act  and  of  the 
administrative  code.  All  papf^rs,  documents,  records  and  prop 
erty  in  the  possession  or  under  the  control  of  the  aqueduct  com- 
missioners shall  forthwith  be  delivered  to  and  remain  in  the  cus- 
tody and  under  the  control  of  the  commissioner. 

§  223.  All  the  powers  and  duties  heretofore  vested  in  the  com- 
missioner of  water  supply,  gas  and  electricity  with  respect  to  the 
supply  of  water  are  hereby  continued  in  the  water  commissioner, 
except  as  modified  in  this  act  or  the  administrative  co<le.  Noth- 
ing contained  in  this  act  shall  affect  any  of  the  provisions  of 
chapter  seven  hundred  and  twenty-four  of  the,  laws  of  nineteen 
hundred  and  five  and  the  acts  amendatory  thereof,  or  deprive  the 
board  of  water  supply  of  The  City  of  New  York  of  any  of  the 
jurif^diction  and  powers  conferred  thereby. 


TITLE   13. 
Department  of  Street  Control. 

Section  224.  The  commissioner  shall  have  charge  and  con- 
trol of 

1.  Sweeping  and  cleaning  the  streets,  removing  or  otherwise  dis- 
posing, as  often  as  the  public  health  and  the  use  of  the  streets  may 
require,  of  ashes,  street  sweepings,  garbage,  dead  animals,  offal, 
light  refuse  and  rubbish;  and  of  removing  snow  and  ice  from  the 
streets : 


94 

2.  Regulating,  grading,  curbing,  flagging  and  guttering  streets 
and   laying   crosswalks; 

3.  Constructing,  paving,  repaying,  resurfacing  and  repairing 
all  streets  and  relaying  all  pavements  removed  for  any  cause; 

4.  Laying  or  relaying  surface  railroad  tracks  in  any  street ;  the 
form  of  rail  used,  character  of  foundation  and  method  of  construc- 
tion; and  the  restoration  of  the  pavement  or  surface  after  such 
work ; 

5.  Filling  sunken  lots,  fencing  vacant  lots  and  digging  down 
lots; 

6.  Removing  encumbrances ; 

7.  Issuing  all  permits  to  use  or  open  streets ; 

8.  Constructing,  maintaining,  repairing  and  cleaning  sewers 
and  drains; 

9.  Constructing,  repairing,  cleaning  and  maintaining  public 
buildings,  except  school  houses,  almshouses,  penitentiaries,  fire 
and  police  station  houses  and  other  buildings  the  care  and  custody 
of  which  are  otherwise  provided  for  in  this  act ; 

10.  The  care  and  cleaning  of  all  offices  rented  or  occupied  for 
public  purposes; 

11.  The  location,  establishment,  care,  erection  and  maintenance 
of  the  public  baths,  public  urinals  and  public  comfort  stations ; 

12.  Erecting,  repairing  and  maintaining  signs  indicating  the 
names  of  streets ; 

13.  Adopting  and  issuing  regulations  controlling  the  use  by 
abutting  owners  and  occupants  of  sidewalks  and  gutters  for  the 
disposition  of  sweepings,  refuse,  garbage  or  light  rubbish; 

14.  Preparing  a  map  of  all  existing  underground  pipes,  mains, 
sewers  and  other  sub-surface  structures; 

15.  Making,  performing,  and  executing  contracts  to  furnish 
gas,  electricity  or  any  other  illuminant,  or  steam,  in,  upon,  across, 
over  or  under  streets,  parks,  the  water  front  and  public  buildings, 
either  for  public  lighting  or  public  use  of  heat  or  power,  selecting, 
locating,  removing  and  changing  street  and  water  front  lights  and 
lights  in  public  buildings; 

16.  Inspecting  and  regulating  the  construction  of  gas  mains 
and  pipes,  steam  mains,  conduits  and  devices,  pneumatic  mains, 
conduits  and  devices,  electric  conductors,  conduits,  appliances, 
devices  and  subways  in,  upon,  across,  over  or  under  the  streets, 
parks,  water  front  and  public  buildings;  and  granting  permis- 
sion to  use  the  streets  and  to  open  the  same  for  the  carrying  on 


95 

therein  of  the  business  of  transmitting,  couducting,  using  and 
supplying  for  all  purposes  gas,  electricity  or  steam  or  for  the 
service  of  pneumatic  tubes; 

17.  Inspecting  and  regulating  the  instalment  of  all  conductors 
and  appliances  that  may  l)e  introduced  into  or  placed  in,  ujwn, 
across,  over  or  under  any  building,  vacant  lot  or  property ;  author- 
izing and  regulating  the  use  thereof;  issuing  certificates  of  such 
inspection  to  any  person  entitled  to  apply  therefor  and  authorizing 
the  use  of  such  conductors,  currents,  appliances  and  devices  by  any 
such  person  or  corporation ; 

18.  Preparing  and  proposing  to  the  council  ordinances  in  re- 
gard to  electric  conductors,  appliances,  devices  and  currents  for 
furnishing  light,  heat  or  power  in  any  building,  which  pruix)sed 
ordinances  shall  prescribe  the  method  of  construction,  operation, 
location,  arrangement,  insulation,  installation  and  use  of  con- 
ductors, appliances,  devices  and  currents ;  but  all  such  proposed 
ordinances  before  presentation  to  the  council  shall  be  submitted 
to  the  board  of  estimate  and  apportionment  for  approval  in  order 
that  the  same  may,  so  far  as  practicable,  be  made  uniform 
throughout  the  city:  all  ordinances,  rules  and  regulations  con- 
cerning the  use  and  instalment  of  electrical  conductors,  subways, 
devices  or  appliances  in  force  when  this  act  takes  effect  to  con- 
tinue in  force  until  new  ordinances  shall  have  been  adopted  by 
the  council; 

19.  Inspecting,  passing  upon,  and  determining  the  necessity 
for  and  adequacy  of  all  conductors,  jwles,  subways,  mains,  con- 
duits and  electric  devices  in,  upon,  across,  over  or  under  ground, 
and,  subject  to  approval  by  the  board  of  estimate  and  apportion- 
ment, determining  ^^^hen  electric  conductors,  devices  or  apparatus 
upon  or  above  the  surface  shall  be  placed  under  ground ;  and, 
subject  to  like  approval,  determining  when  subways,  conduits, 
appliances,  conductors  or  devices  that  have  been  laid  or  con- 
structed under  the  surface  of  any  street,  park  or  any  ])art  of  the 
water  front  or  any  public  building  shall  be  removed  or  recon- 
structed or  their  location  be  changed;  enlarging  any  such  subway 
and  making  room  therein  for  other  persons  or  corporations  law- 
fully entitled  to  space  in  existing  subways; 

20.  Removing  or  causing  to  be  removed  all  property  obstruct- 
ing the  streets ; 

21.  Constructing  and  maintaining  of  all  bridges  and  tunnels 
which  form  a  portion  of  the  streets  of  the  city,  excepting  bridges 
crossing  navigable  streams. 


96 

§  225.  Except  as  herein  expressly  provided  the  commissioner 
shall  have  no  jurisdiction  over  any  street  under  the  control  of 
the  park  department,  or  over  any  water  front  property  under  the 
control  of  the  department  of  docks  and  ferries,  provided,  however, 
that  he  may  be  charged  by  the  board  of  estimate  and  apportionment 
with  the  duty  of  cleaning  the  same  and  removing  snow,  ashes, 
garbage  and  refuse  therefrom. 

§  226.  The  commissioner  shall  not  grant  permission  or  au- 
thority to  open  or  use  the  streets,  water  front  or  any  part  thereof, 
or  to  enter  any  public  building  for  any  of  the  purposes  described 
in  subdivisions  15,  16,  17,  18  and  19  of  section  two  hundred  and 
twenty-four,  except  to  persons  or  corporations  duly  autjiorized  to 
carry  on  business,  as  provided  in  sections  60  and  61  of  the  Trans- 
portation Corporations  Act,  and  having  the  certificate  of  a  Public 
Service  Commission  provided  for  in  section  68  of  the  Public 
Service  Commissions  Law. 

§  227.  The  department  of  street  cleaning  of  the  city  of  New 
York  is  abolished,  and  all  the  members  of  said  department,  are 
hereby  transferred  to  the  department  of  street  control. 

§  228.  There  shall  be  in  the  department,  in  addition  to  such 
other  bureaus  and  branch  offices  as  may  be  provided  for  by  the 
board  of  estimate  and  apportionment: 

1.  A  bureau  of  street  cleaning,  the  head  of  which  shall  be  known 
as  "  chief  of  the  street  cleaning  bureau  "  ; 

2.  A  bureau  of  highways,  the  head  of  which  shall  be  knoAvn  as 
"  chief  of  the  highway  bureau  "  ; 

3.  A  bureau  of  sewers,  the  head  of  which  shall  be  known  as 
"  chief  of  the  sewer  bureau  "  ; 

4.  A  bureau  of  gas  and  electricity,  the  head  of  which  shall  be 
known  as  "  chief  of  the  bureau  of  gas  and  electricity  " ; 

6.  A  bureau  of  public  buildings,  the  head  of  which  shall  be 
known  as  "  custodian  of  public  buildings  " ; 

6.  A  bureau  of  incumbrances,  the  head  of  which  shall  be  known 
as  "  chief  of  the  incumbrance  bureau  ". 

§  229.  1^0  person  holding  any  ofiice  or  position  under  the 
bureau  of  street  cleaning  shall  be  liable  to  military  or  jury  duty. 

§  230.  Subject  to  the  approval  of  the  board  of  estimate  and 
apportionment,  the  commissioner  may  enter  into  contracts  (1)  for 
the  removal  of  snow  and  ice  from  the  streets;  (2)  for  the  dis- 
position, for  periods  not  exceeding  five  years,  of  all  or  any  part 
of  the  street  sweep"-vgs,  ashes,  garbage,  dead  animals,  offal,  light 


97 

refuse  and  rubbish  to  be  removed  from  the  city  or  from  any 
borough. 

§  231.  Ko  department,  board,  officer  or  employee  of  the  city  or 
other  person  shall  disturb  the  pavement  or  surface  of  any  street, 
for  any  purpose,  without  first  receiving  written  permission  from 
the  commissioner. 

§  232.  The  power  to  construct  sewers  and  drains  shall  include 
the  power  to  construct,  operate  and  maintain  sewage  disposal 
works  or  plants  and  the  necessary  appurtenances.  The  cost  of 
conducting  sewage  disposal  works  or  plant  may  in  the  discretion 
of  the  board  of  estimate  and  apportionment  be  collected  in  whole 
or  in  part  by  assessment  upon  the  property  benefited. 

§  233.  The  commissioner,  when  authorized  by  the  board  of  esti- 
mate and  apportionment,  may  employ  a  consulting  engineer,  who 
shall  be  expert  in  all  matters  relating  to  sowers  and  highways,  and 
shall  have  had  ten  years'  professional  experience.  All  other 
civil  engineers  appointed  by  the  commissioner  shall  have  had  at 
least  three  years'  professional  experience. 


TITLE  14. 
'Bridge  Department. 

Section  234.  The  coniniissioncr  shall  have  control: 

1.  Of  the  management,  maintenance,  repair  and  alteration  of 
of  all  bridges,  together  with  their  approaches  and  entrances,  which 
shall  be  under  the  jurisdiction  of  the  department  of  bridges  of  the 
city  at  the  time  this  act  takes  efl'ect ; 

2.  Of  the  construction,  management,  maintenance,  repair  and 
alteration  of  all  other  bridges,  with  their  approaches  and  entrances, 
that  may  hereafter  be  constructed  at  the  city's  expense  in  whole  or 
part,  or  that  may  hereafter  be  acquired  by  the  city,  across  navig- 
able waters  or  having  termini  in  two  or  more  boroughs,  excepting, 
however  any  bridge  wholly  included  in  a  public  park  or  under  the 
control  of  the  street  commissioner  as  provide<l  in  section  two 
hundred  and  twenty-four  of  this  act ; 

3.  Of  the  construction,  management,  maintenance,  repair  and 
alteration  of  all  tunnels  hereafter  constructed  at  the  city^s  expense 
in  whole  or  part,  under  navigable  waters  or  having  termini  in 
two  or  more  boroughs,  excepting,  however,  tunnels  constructed 
pursuant  to  the  provisions  of  the  rapid  transit  act; 


98 

4.  Of  making  such  regulations  concerning  the  use  of  any  such 
bridge  or  tunnel  and  the  collection  of  such  tolls  and  other  charges 
for  the  use  thereof  as  are  now  authorized  by  law  or  may  hereafter 
be  authorized  by  the  board  of  estimate  and  apportionment ; 

5.  Of  the  operation  of  railroads  upon  any  such  bridges  and  their 
approaches,  so  far  as  such  operation  affects  the  maintenance,  re- 
pair, alteration  and  safety  of  such  bridges  and  approaches.  Noth- 
ing contained  in  this  section  shall  limit  or  affect  the  jurisdiction 
and  powers  of  the  public  service  commission  in  the  first  district. 

§  235.  All  bridges  and  tunnels  under  the  jurisdiction  of  the 
department  are  declared  to  be  public  highways,  subject  to  such 
tolls  and  prudential  regulations  as  the  board  of  estimate  and 
apportionment  may  prescribe;  provided,  however,  that  on  every 
such  bridge  a  passageway  for  foot  passengers  shall  be  open  at  all 
times  and  shall  be  free  of  tolls. 


TITLE  15. 
Building  Department. 

Section  236.  The  commissioner  shall  be  a  competent  architect 
or  builder  of  at  least  fen  years'  experience.  He  shall  have  control 
throughout  the  city  of  the  construction,  alteration  and  removal 
of  all  buildings  and  other  structures  completed  or  in  the  course 
of  completion,  except  docks,  bridges,  tunnels,  subways,  and  the 
buildings  and  structures  appurtenant  to  docks,  bridges,  tunnels 
and  subways ;  provided,  however,  that  no  permit  shall  be  granted 
and  no  plan  approved  by  the  department  for  the  construction  or 
alteration  of  a  tenement-house,  or  for  the  alteration  or  conver- 
sion of  any  building  for  use  as  a  tenement-house,  until  there  shall 
have  been  filed  in  the  department  the  certificate  of  the  tenenijent- 
house  commissioner,  issued  as  provided  in  the  tenement-house  act. 

§  237.  There  shall  be  a  bureau  of  buildings  in  each  of  the 
boroughs,  the  head  of  which  shall  be  a  superintendent  of  buildings, 
under  the  control  of  the  commissioner. 

§  238.  The  commissioner  shall  have  power: 

1.  To  order  the  reconstruction  or  removal  of  any  building  or 
structure,  or  part  thereof,  under  his  jurisdiction,  which  exists  in 
violation  of  the  provisions  of  law  or  which,  in  his  judgment,  is 
dangerous  to  life.  If  the  order  be  not  obeyed,  or  if  there  be 
imminent   danger  that  any  such  building  or  structure,   or  part 


99 

thereof,  may  fall,  whereby  the  public  safety  may  be  endangered 
or  a  street  become  obstrucU'd,  the  commissioner  shall  cause  such 
building  or  structure,  or  part  thereof,  to  be  shored  or  otherwise 
made  safe,  or  to  bo  removed,  as  he  may  deem  expedient;  and  all 
expenses  reasonably  incurred  by  the  city  in  shoring,  or  making 
safe,  or  removing  any  unlawfully  existing  or  unsafe  building, 
structure,  or  part  thereof,  shall  be  recoverable  by  action  by  the 
city  against  the  owner  of  the  land  uiK)n  which  such  building  or 
structure,  or  part  thereof,  is  or  was  located,  and  shall  be  a  lien 
upon  such  land  having  priority  over  all  other  liens  or  incumbrances 
except  taxes  and  assessments,  and  liens  and  incumbrances  exist- 
ing when  this  act  takes  effect; 

2.  To  apjwint  and  at  pleasure  remove  a  superintendent  of  build- 
ings in  each  borough,  who  shall  be  a  comix'tenit  architect  or  builder 
of  at  least  ten  years'  experience,  and  have  been  a  resident  of  the 
borough  for  which  he  is  appointed  for  at  least  two  yt-ars  prior  to 
the  date  of  his  appointment; 

3.  To  ap]>oint  and  at  })leasure  remove  a  chie-f  ins|>octor  of  build- 
ings for  each  borough,  who  shall  be  a  practical  and  competent 
architect,  builder  or  engineer  of  at  least  ten  years'  expe-rienc^. 
In  case  of  absence  or  disability  of  the  superintendent  such  chief 
inspector  of  buildings  shall  posse'ss  all  the  powers  and  perfonn 
all  the  duties  of  the  superintendent. 

§  239.  The  commissioner,  his  deputy,  the  superintendents  and 
the  inspectors  of  the  dci)artment,  shall  have  power  to  enter,  ex- 
amine and  inspect,  at  any  reasonable  hour,  any  building  or  struc- 
ture under  the  jurisdiction  of  the  department,  completed  or  in 
the  course  of  completion,  and  of  any  part  thereof,  or  place  therein, 
for  the  purpose  of  enabling  them  to  perform  the  duties  imposed 
by  law  upon  the  department;  provideel,  that  no  inspector  shall 
enter  any  occupicn^l  building  or  strncturo  lx>tween  sunset  and  sun- 
rise, except  in  pursuance  of  a  written  order,  signed  by  the  com- 
missioner or  his  deputy,  or  a  borough  sujiorintendent,  authorizing 
such  entry  and  examination,  and  specifying  the  reason  therefor, 
which  order  shall  first  be  exhibited  to  and  a  copy  thereof  served 
upon  the  occupant  of  the  building  or  structure  to  be  entered  and 
examined. 

§  240.  The  commissioner  shall  have  power  to  vary  or  modify 
any  of  the  provisions  of  law  or  ordinances  relating  to  the  con- 
struction or  alteration  of  the  proposed  method  of  construction  of 
any  building  alx>ut  to  be  erected,  or  to  the  alteration  or  removal 
of  anv  buildinc;  or  structun^  within  his  iurisdiction  where  there 


100 


are  practical  difficulties  in  the  way  of  carrying  out  the  strict  let- 
ter of  the  law,  so  that  the  spirit  of  the  law  shall  be  observed  and 
public  safety  secured  and  substantial  justice  done.  The  owner,  or 
the  agent  of  the  owner,  of  any  building  or  structure,  may  petition 
the  commissioner  for  such  variation  or  modification,  setting  forth 
the  grounds  therefor.  The  commissioner  shall  fix  a  date  within 
a  reasonable  time  for  a  hearing  upon  the  petition  and  shall,  as 
soon  a»  practicable  after  such  hearing,  render  his  decision  thereon, 
which  shall  be  final.  A  copy  of  the  petition  and  decision  shall 
be  entered  upon  the  records  of  the  department,  and  if  the  peti- 
tion be  allowed,  a  certificate  to  that  effect,  together  with  a  state- 
ment of  the  reasons  therefor,  shall  be  issued  by  the  commissioner. 
§  241.  The  superintendent  of  buildings  in  each  borough  shall 
have  power,  and  it  shall  be  his  duty,  to  pass  upon  any  question 
relative  to  the  mode,  manner  of  construction  or  materials  to  be 
used  in  the  erection  or  alteration  of  any  building  or  structure  to 
be  erected  within  the  city,  and  to  require  that  such  mode,  man- 
ner of  construction  or  materials  shall  conform  to  the  true  intent 
and  meaning  of  the  law  and  ordinances  and  the  rules  and  regu- 
lations of  the  department.  Whenever  the  superintendent  of 
buildings  shall  have  rejected  or  refused  to  approve  the  mode,  man- 
ner of  construction  or  materials  proposed  to  be  followed  or  used 
in  the  erection  or  alteration  of  any  such  building  or  structure,  or 
whenever  it  is  claimed  that  the  rules  and  regulations  of  the  de- 
partment, or  the  law  or  ordinances,  do  not  apply,  or  that  an 
equally  good  and  more  desirable  method  of  construction  can  be  em- 
ployed, the  owner  of  such  building  or  structure  may  appeal  or 
cause  an  appeal  to  be  taken  from  the  decision  of  such  superintend- 
ent, provided  the  amount  involved  in  such  decision  shall  exceed 
the  amount  of  one  thousand  dollars.  Such  appeal  shall  be  heard 
by  a  board  consisting  of  the  followinig  members  of  associations 
in  the  city:  one  member  of  the  jSTew  York  chapter  of  the  Ameri- 
can Institute  of  Architects ;  one  member  of  the  New  York  Board 
of  Fire  Underwinters ;  two  members  of  the  Mechanics  and  Trad- 
ers' Exchange,  one  of  whom  shall  be  a  master  mason  and  one  a 
master  carpenter ;  one  member  of  the  Society  of  Architectural  Iron 
]\fanuf acturers ;  and  one  member  of  the  Real  Estate  Owners  and 
Builders'  Association,  who  shall  be  an  architect  or  builder ;  all  of 
whom  shall  be  appointed  by  their  respective  associations,  and  the 
appointment  of  whom  by  their  respective  associations  shall  be 
certified  annually  to  the  mayor,  to  the  commissioner  of  buildings, 
and  to  the  fire  commissioner.     The  mayor  shall  annually  desig- 


101 

nate  one  of  such  examiners  as  the  presiding  officer  x)f  thtj' Board. 
At  least  tive  afiinnative  votes  shall  be  nccessliVy'  to  any  decision 
of  the  board  of  examiners  reversing  a  df  cisitin  of  tbe  saoerintend- 
ent  of  buildings.  ISo  member  of  the  bojtid  shall'be  qualihed  to 
sit  in  any  case  in  the  decision  of  which  he  is  directly  or  indirectly 
personally  interested.  The  said  board  shall  convene  for  purposes 
of  business  upon  notice  from  any  superintendent,  but  shall  not 
be  required  to  hold  such  sessions  more  frequently  than  once  a 
week.  Each  of  said  examiners  shall  be  entitled  to  receive  ten 
dollars  for  each  attendance,  and  the  comptroller  shall  pay  the  same 
out  of  a  fund  to  be  provided  for  that  purpose  by  the  board  of 
estimate  and  apportionment,  on  the  voucher  of  the  clerk  of  said 
board  of  examiners.  The  clerk  of  said  board  shall  be  appointed 
and  may  at  pleasure  be  removed  by  the  mayor,  and  shall  receive 
an  annual  salary  of  one  thousand  five  hundred  dollars.  The  ap- 
peal authorized  by  this  section  must  be  taken  within  ten  days 
from  the  entry  of  a  decision  upon  the  records  of  the  superintend- 
ent of  buildings  in  the  borough  in  which  the  building  or  structure 
is  located  or  is  proposed  to  be  erected,  by  filing  with  such  super- 
intendent and  with  the  clerk  of  the  Iward  of  examiners  copies  of 
all  the  papers  required  by  law  or  ordinance  or  by  the  rules  and 
regiilations  of  the  department  to  be  submitted  upon  an  ajiplica- 
tion  for  a  building  permit ;  and  the  board  of  examiners  shall  there- 
after fix  a  day  within  a  reasonable  time  for  the  hearing  of  such 
appeal.  Upon  such  hearing  the  appellant  may  appear  in  person 
or  be  represented  by  his  agent  or  attorney  The  decision  of  the 
board  shall  be  rendered  without  unnecessary  delay,  and  shall  be 
final. 

§  242.  No  ofiicer  or  employee  of  the  department  shall,  directly 
or  indirectly,  engage  in,  conduct  or  carry  on  business  as  an  archi- 
tect, civil  engineer,  carpenter,  plumber,  iron  worker,  mason  or 
builder,  or  be  engaged  in  the  manufacture  or  sale  of  articles  enter- 
ing into  the  construction  of  buildings,  or  act  as  nn  ajjent  for  any 
person  engaged  in  the  manufacture  or  sale  of  such  articles,  or  own 
stock  in  or  securities  of  any  corporation  engaged  in  the  manufac- 
ture or  sale  of  such  articles. 


102 
••:•  '         ..  .  ....  ;  ;        TITLE  i6. 

*  *.    •.'.•!:.*  *.'.'••  Tcenerriejtit-House  Department. 

Section  243.  The  commissioner  shall: 

1.  Enforce  the  tenement-house  act  within  the  city; 

'2.  Have  power  of  sanitary  inspection  of  tenement  houses  and 
the  premises  connected  therewith;  and  may  enter,  inspect  and 
survey  all  buildings  and  the  premises  connected  therewith;  but 
nothing  herein  contained  shall  abrogate  or  impair  the  powers  of 
the  health  department; 

3.  Have  exclusive  power: 

(1)  To  require  every  tenement  house  to  be  equipped  with 
proper  fire-escapes  or  with  proper  means  of  escape  in  case 
of  fire ; 

(2)  To  prevent  the  obstruction  of  fire-escapes  upon  tene- 
ment-houses ; 

(3)  To  provide  for  the  light  and  ventilation  of  tenement 
houses  and  the  premises  connected  therewith. 

§  244.  The  commissioner  shall,  subject  to  the  provisions  of 
this  act  and  of  the  administrative  code: 

1.  Discipline  any  employee  for  neglect  of  duty  or  violation  of 
or  neglect  of  any  order  or  rule  of  the  department ; 

2.  Provide  or  designate  suitable  uniforms  or  badges  to  be  worn 
by  the  inspectors  and  officers  of  the  department ; 

3.  Provide  a  general  complaint  book,  open  to  public  examina- 
tion, and  make  an  investigation  as  to  all  complaints ; 

4.  Require  reports  and  information  of  such  facts  at  such  times 
■and  in  such  form  as  he  may  prescribe  relative  to  the  condition 
of  persons  residing  in  tenement-houses,  from  all  dispensaries,  hos- 
pitals, charitable  or  benevolent  societies,  infirmaries,  prisons  and 
schools,  and  from  the  managers,  principals  and  officers  thcTeof ; 
and  may  make  examinations  and  take  proofs  in  matters  relating 
to  the  administration  of  departmental  duties; 

5.  Make  and  enforce  suitable  rules  and  regulations  as  to  the 
manner  of  filing  plans,  specifications,  amendments  and  applica- 
tions. 

§  245.  In  addition  to  such  other  bureaus  as  may  be  authorized 
by  the  board  of  estimate  and  apportionment,  there  shall  be  in  the 
department : 

1.  A  bureau  of  plans,  which  shall  examine  plans  and  specifica- 
tions for  light,  ventilation,  sanitary  equipment,  and  equipment 


103 

for  fire  protection  for  tenement-houses  hereafter  altered  or  erected 
and  for  buildings  hereafter  altered  or  reconstructed  for  use  as 
tenement-houses ; 

2.  A  bureau  of  inspection  which  shall  inspect  all  completed 
tenement-houses  and  shall  inspect  also  all  tenement-houses  in 
course  of  construction  or  alteration  and  all  buildings  in  course  of 
alteration  or  conversion  for  use  as  tenement-houses,  for  the  pur- 
pose of  ascertaining  whether  the  same  are  being  constructed, 
altered  or  converted  in  conformity  with  law,  and  the  plans  and 
specifications  approved  as  prescribed  in  the  administrative  code; 
and  shall  record  all  violations  of  the  tenement-house  act  and  of 
all  rules  and  regulations  of  the  dei)artment ; 

3.  A  bureau  of  records  which  shall  contain  records  of  every 
tenement-house,  as  prescribed  by  the  administrative  code  and  by 
the  commissioner. 

§  246.  The  commissioner  shall  establish  and  maintain  in  each 
borough  such  branch  offices  and  bureaus  as  may  be  necessary  for 
the  prompt  and  efficient  exercise  and  discharge  of  his  powers  and 
duties  and  as  may  be  provided  for  by  the  board  of  estimate  and 
apportionment. 

§  247.  ^Vhenever  it  shall  be  certified  by  an  inspector  or  officer 
of  the  department  that  the  inhabitants  of  a  tenement-house  are 
infected  with  a  contagious  disease  or  that  a  tenement-house  or 
any  part  thereof  is  unfit  for  human  habitation  or  dangerous  to 
life  or  health  from  lack  of  repair,  or  by  reason  of  defects  in 
drainage,  plumbing,  ventilation,  or  construction,  or  by  reason  of 
the  absence  of  such  fire  escapes  as  are  required  by  the  tenement- 
house  act  or  by  the  department  acting  under  the  authority  con- 
ferred by  such  act,  or  by  reason  of  the  existence  on  the  premises 
of  a  nuisance  likely  to  cause  sickness  among  the  occupants  of  said 
house,  the  department  may  issue  an  order  requiring  all  persons 
therein  to  vacate  such  house,  or  part  thereof,  within  not  less  than 
twenty-four  hours  nor  more  than  ten  days,  for  the  reasons  to  be 
mentioned  in  said  order.  Such  order  may  be  served  in  the  man- 
ner prescribed  in  the  tenement-house  act.  In  case  such  order  be 
not  complied  with  within  the  time  six'cified,  the  department  may 
cause  said  tenement-house,  or  part  thereof,  to  be  vacated.  The 
department  may  extend  the  time  within  which  to  comply  with 
said  order  and  when  it  is  satisfied  that  the  danger  from  said 
house,  or  part  thereof,  has  ceased  to  exist  or  that  it  is  fit  for 
human  habitation  may  revoke  said  order. 

§  248.  Whenever  any  tenement-house,  or  any  part  thereof,  or 


104 

any  premises  connected  therewith,  or  any  building,  structure,  ex- 
cavation, sewer,  or  the  lot  on  which  the  house  is  situated,  or  the 
plumbing,  sewerage,  drainage,  light  or  ventilation  thereof,  or  any 
business  pursuit  carried  on  therein  or  thereupon,  is  in  the 
opinion  of  the  department  dangerous  or  detrimental  to  life  or 
health,  the  department  may  declare  that  the  same,  to  any  extent 
which  it  may  specify,  is  a  public  nuisance,  and  may  order  the 
same  to  be  removed,  abated,  suspended,  altered,  cleansed,  dis- 
infected or  repaired  as  the  order  shall  specify.  Any  order  of  the 
department  may  be  served  in  the  manner  provided  in  the  tene- 
ment-house act.  If  any  order  of  the  department  is  not  complied 
with,  or  so  far  complied  with  as  the  department  may  regard  as 
reasonable,  within  five  days  after  the  service  thereof,  or  within 
such  shorter  time  as  the  department  may  designate,  then  such 
order  may  be  executed  by  said  department  through  its  officers, 
agents,  employees  or  contractors. 
§  249.  When  used  in  this  chapter : 

1.  "  Tenement-house  "  means  a  tenement-house  as  defined  in  the 
tenement-house  act ; 

2.  "  Nuisance  "  means  public  nuisance  as  known  at  common 
law  or  in  equity  jurisprudence;  and  includes  a  tenement-house 
which  is,  and  whatever  in  a  tenement-house  is : 

(1)  Dangerous  to  human  life  or  detrimental  to  health; 

(2)  Overcrowded  with  occupants,  or  is  not  provided  with  ade- 
quate means  of  ingress  and  egress  or  is  not  sufficiently  supported, 
ventilated,  sewered,  drained,  cleaned  or  lighted,  having  regard  to 
its  intended  or  actual  use;  or 

(3)  Whatever  renders  the  air  of  a  tenement-house  un- 
wholesome. 


TITLE  17. 

Charities  Department. 

Section  250.  The  commissioner  shall  be  the  overseer  of  the  poor 
of  the  city.  He  shall  have  power  and  it  shall  be  his  duty,  subject 
to  the  provisions  of  this  act  and  of  the  administrative  code : 

1.  To  enforce  the  poor  law  within  the  city; 

2.  To  establish  and  maintain  in  each  borough  such  divisions, 
offices  and  bureaus  as  may  be  necessary  for  the  prompt  and  efficient 
exercise  and  discharge  of  the  powers  and  duties  of  the  depart- 


105 


ment,  and  as  may  be  provided  for  by  tbe  board  of  estimate  and 
apportionment ; 

3.  To  make,  amend,  alter  and  enforce  rules,  orders  and  regula- 
tions for  the  government  of  the  city  institutions  under  his  juris- 
diction; 

4.  To  provide  for  the  care,  custody  and  disposition  of  poor  per- 
sons ;  but  he  may  not  dispense  any  form  of  outdoor  relief,  except 
in  the  case  of  the  blind,  as  herein  provided,  and  he  may  defray 
the  expense  of  the  removal  or  transportation  of  any  person  who 
may  come  under  his  charge  whenever,  in  his  judgment,  the  city 
will  thereby  be  relieved  from  an  unnecessary  or  improper  charge ; 

5.  To  provide  for  the  temporary  care  of  vagrant  and  indigent 
persons,  for  an  investigation  into  their  circumstances,  and  for 
bringing  every  person,  found  upon  such  investigation  to  be  a 
vagrant,  before  a  magistrate  pursuant  to  law; 

6.  To  investigate  the  circumstances  of  every  person,  and  of  the 
near  relative  of  every  person,  admitted  to  an  institution  under 
his  charge,  or  placed  by  him  in  an  institution  wholly  or  partly 
under  private  control ; 

7.  To  classify,  segregate  and  group,  so  far  as  practicable,  all 
the  inmates  of  the  public  institutions  under  his  charge; 

8.  To  provide  for  and  compel  the  employment  at  labor  of  such 
inmates  as  should  be  so  employed;  to  determine  the  hours  and 
scope  of  such  labor,  the  punishment  for  neglect  or  refusal  to  per- 
form such  labor  or  for  violation  of  any  other  rule,  order  or  regu- 
lation of  the  department  and  to  provide  for  the  use  and  disposi- 
tion of  the  articles  produced  by  such  labor ; 

9.  To  establish  and  maintain  in  the  public  institutions  under 
his  charge  such  schools  or  classes  for  the  instruction  and  training 
of  inmates  as  he  may  deem  desirable ; 

10.  To  establish,  maintain  and  direct  such  training  schools  for 
nurses  as  mav  be  requisite  for  the  proper  administration  of  the 
hospitals  under  his  charge,  and  to  provide  therefor  a  suitable 
course  of  instruction,  a  sufficient  number  of  instructors,  and  ade- 
quate equipment  and  buildings; 

11.  To  place  anv  child,  who  may  be  in  his  custody,  in  an  in- 
stitution, as  a  public  charge,  whenever  in  his  judgment  it  shall 
be  for  the  best  interest  of  such  child  so  to  do;  but  he  shall  not 
place  a  child  in  anv  institution  which  the  state  board  of  chanties 
shall  have  certified  has  failed  to  comply  with  the  rules  and  regula- 
tions established  bv  that  board  pursuant  to  the  constitution  of  the 
state-  nor  shall  he  place  any  child  in  any  institution  without  the 


106 

city  unless  said  board  shall  have  certified  that  such  institution  is 
properly  protected  against  fire  and  other  dangers; 

12.  To  indenture,  place  out,  discharge  or  transfer  any  child 
who  may  be  in  his  custody,  or  who  may  have  been  placed  by  him 
in  an  institution  as  a  public  charge,  whenever  in  his  judgment 
it  shall  be  for  the  best  interests  of  such  child  so  to  do,  and  he  may 
revoke  and  cancel  any  such  indenture;  and  he  may  also  contract 
for  the  maintenance  of  any  child  in  his  custody; 

13.  To  make  suitable  provision  in  each  of  the  boroughs  of 
Brooklyn,  Queens  and  Richmond  for  the  reception,  medical  ex- 
amination, and  temporary  care  in  said  boroughs,  of  persons  al- 
leged to  be  insane  and  of  j^risoners  awaiting  trial  who  are  seri- 
ously ill  or  dangerously  wounded; 

14.  To  enlarge,  alter  and  repair  the  public  buildings  under  his 
control  whenever  in  his  judgment  such  changes  are  necessary  or 
expedient,  and  to  construct  such  new  buildings  as  the  proper 
administration  of  his  department  may  require; 

15.  To  take  charge  of  such  of  the  city's  morgues  as  are  not 
under  the  control  of  the  health  department  and  the  board  of  trus- 
tees of  Bellevue  and  Allied  Hospitals,  and  also  of  all  Potter's 
fields  and,  when  necessary,  to  provide  additional  public  burial 
places  for  the  poor  and,  in  his  discretion,  to  cremate  the  bodies  of 
deceased  paupers  when  their  relatives  do  not  object  to  such  cre- 
mation: provided,  however,  that  the  Potter's  field  on  Hart's 
island  shall  remain  under  the  control  of  the  correction  department ; 

16.  To  distribute  among  the  poor  adult  blind,  residents  of  the 
city,  in  such  manner  as  he  may  prescribe,  such  sums  as  may  be 
appropriated  for  their  relief,  and  he  may  exercise  his  discretion 
in  the  selection  of  the  recipients  of  this  relief; 

17.  To  exercise  general  control  over,  and  to  establish  rules  and 
regulations  governing,  all  ambulance  service  in  the  boroughs  of 
Brooklyn,  Queens,  and  Richmond,  except  such  ambulance  service 
as  may  be  maintained  by  the  department  of  health;  to  establish 
ambulance  districts  therein;  and  to  establish  and  maintain  such 
ambulance  stations  therein  and  to  provide  and  maintain  such 
ambulances  as  he  may  deem  necessary; 

18.  To  receive,  and  provide  temporary  care  and  treatment, 
within  any  public  hospital  under  his  control,  for  all  persons,  irre- 
spective of  their  residence,  when  such  persons  shall  have  been 
injured  or  become  ill  in  any  public  place  within  the  city,  and 
may  not  be  safely  removed  to  their  homes; 

19.  To  compel  the  relief  and  maintenance,  in  such  manner  as 


107 

he  may  approve,  in  whole  or  in  part,  of  a  poor  person  by  his 
grandparents,  parents,  children,  or  grandchildren,  and  of  a  desti- 
tute child  by  his  grandparents  or  parents,  when  such  relative 
of  said  poor  person  or  destitute  child  shall  have  sufficient  means 
to  provide  such  relief  or  maintenance; 

20.  To  initiate,  conduct,  and,  in  his  discretion,  to  compromise 
bastardy  proceedings;  receive  the  moneys  collected  therein,  and 
apply  the  same  to  the  support  of  the  child,  or  of  the  child  and 
its  mother;  account  for  said  moneys,  as  rajuired  by  the  comp- 
troller; and  apply  to  any  court  of  competent  jurisdiction  fur  a 

.  warrant  for  the  arrest  of  the  defendant,  when,  for  any  reason,  a 
recovery  cannot  be  had  ujxju  the  undertaking  given  by  said  de- 
fendant in  said  proceeding; 

21.  To  enforce,  in  his  name  as  commissioner,  by  action  or  pro- 
ceeding, any  bond  or  recognizance,  given  in  a  proceeding  for  the 
maintenance  of  an  abandoned  wife  or  child ;  receive  the  moneys 
collected  in  such  action  or  proceeding  and  apply  the  same  to  the 
support  of  the  wife  or  child,  or  either  of  them ;  bring  and  con- 
duct an  action,  in  his  name  as  commissioner,  to  recover  in  case 
of  forfeiture  of  bail  undertaking;  apply  the  amount  recovered 
in  said  action  and  the  amount  of  cash  bail  that  may  have  been 
forfeited,  to  the  purpose  hereinabove  designated ;  appeal,  in  his 
discretion,  from  the  decision  or  judgment  of  the  magistrate  in 
such  proceeding,  and  appear  a-,  respondent  in  a  defendant's  aj->- 
peal  therein;  and,  in  his  discretion,  compromise  such  action  or 
proceeding. 

§  251.  The  commissioner  may  recx?ive  and  treat  in  the  insti- 
tutions under  his  control  persons  who  do  not  reside  within  the 
city,  provided  that  such  persons  shall  pay  such  sum  for  board  and 
attendance  as  may  bo  fixed  by  the  commissioner,  and  that  such 
person  shall  not  be  received  to  the  exclusion  of  residents  of  the 
city.  The  commissioner  may  also  receive  and  treat  in  any  insti- 
tution under  his  control  any  persons  able  to  pay,  in  whole  or  in 
part,  the  cost  of  their  care  and  maintenance  therein,  and  it  shall 
be  the  duty  of  the  commissioner  to  collect  from  each  such  person 
such  partial  or  entire  payment  therefor  as  he  may  be  able  to 
make. 

§  252.  The  commissioner  shall  have  charge  and  control  of  all 
hospitals,  almshouses  and  other  institutions,  owned  or  possessed 
by  the  city,  and  devoted  to  the  care  of  poor  persons;  excepting, 
however,  such  hospitals  and  other  institutions  as  are  by  this  act 
placed  under  the  charge  and  control  of  some  other  department 


108 

and  excepting  the  premises  demised  in  the  lease  of  Ward's  island 
and  the  buildings  thereon  from  the  city  to  the  state  of  New  York, 
but  only  for  the  period  of  said  lease. 

§  253.  It  shall  be  the  duty  of  the  commissioner  to  inspect  all 
charitable,  eleemosynary  or  reformatory  institutions,  in  which 
any  person  shall  have  been  placed,  committed,  or  received,  or  is 
retained,  as  a  charge  against  the  city,  and  he  shall  make  no  certifi- 
cate that  will  enable  any  such  institution,  claiming  the  moneys  of 
the  city  for  the  care,  support,  secular  education,  or  maintenance 
of  any  such  person,  to  obtain  payment  therefor,  and  no  payment 
shall  be  made  to  such  institution  therefor,  if  it  shall  appear  in 
the  judgment  of  the  commissioner  that  such  person  is  neglected 
or  is  received  and  retained  therein  in  violation  of  the  rules  and 
regulations  of  the  state  board  of  charities,  or  that  moneys  paid 
by  the  city  to  any  such  institution  for  the  care,  support,  secular 
education,  or  maintenance  of  its  inmates  shall  have  been  expended 
for  any  other  purpose.  Whenever  the  commissioner  shall  decide, 
after  reasonable  notice  to  any  institution,  and  a  hearing,  that  the 
cost  and  maintenance,  education,  or  medical  treatment,  of  any  in- 
mate therein  is  not  a  proper  charge  against  the  city,  and  a  written 
notice  thereof,  with  the  reasons  therefor,  is  given  by  him  to  such 
institution,  thereupon  all  right  on  the  part  of  said  institution  to 
receive  compensation  from  the  city  on  account  of  such  inmate 
shall  cease. 

§  254.  The  term  "  poor  person  "  when  used  in  this  chapter 
means  "  one  unable  to  maintain  himself,"  as  defined  in  the  poor 
law.  The  word  "  institution "  whenever  used  in  this  chapter 
shall  include  any  charitable  corporation,  one  of  whose  objects  is 
the  care  of  children  or  the  placing  of  children  in  families. 


TITLE  i8. 

Department  of  Correction, 

Section  255.  1.  Except  as  otherwise  provided  in  this  act,  the 
commissioner  shall  have  charge  and  control  of  all  prisons  and 
correctional  institutions  belonging  to  the  city,  including  the 
county  jails  of  Queens  .and  Eichmond  ^and  the  institution  hereto- 
fore described  as  the  county  jail  or  sheriff's  prison  of  the  county 
of  New  York,  commonly  known  as  Ludlow  street  jail. 


100 

2.  He  shall  have  custody  of  all  persons  lawfully  comjuitted 
or  remanded  to  any  institution  under  his  control. 

3.  He  shall,  upon  such  terras  and  conditions  as  shall  be  pre- 
scribed in  the  administrative  code,  receive  and  detain,  when  law- 
fully required  by  the  sheriff  of  a  county  wholly  included  in  the 
city,  any  person  under  arrest  or  detention  pursuant  to  the  order 
of  any  court  or  judge  in  a  civil  action  or  proceeding,  subject  to 
the  order  of  the  sheriff ;  provided,  however,  that  all  such  persons 
shall  be  held  and  maintained  entirely  separate  and  aloof  from 
prisoners  charged  with  or  convicted  of  crime. 

§  256.  From  and  after  the  date  when  this  act  takes  effect,  the 
prison  located  upon  Riker's  island  shall  be  known  and  described 
as  the  New  York  city  penitentiary,  and,  thereupon  or  as  soon 
thereafter  as  may  be  practicable,  the  commissioner  shall  transfer 
to  said  penitentiary  all  employees  of  and  all  prisoners  confined 
in  the  institution  known  and  descrilxjd  as  the  Xew  York  county 
penitentiary  on  Blackwell's  island,  which  institution,  as  such, 
shall  be  abolished  from  and  after  the  first  day  of  January,  nine- 
teen hundred  and  eleven. 

§  257.  The  commissioner  shall  have  exclusive  jurisdiction  and 
control  over  Riker's  and  Hart's  islands  and,  until  as  hereinafter 
provided,  over  such  portions  of  Blackwell's  island  as  are  under 
the  jurisdiction  of  the  department  when  this  act  takes  effect.  He 
may  cause  to  be  removed  to  Riker's  island  or  to  Hart's  island, 
the  penal  institutions  under  his  jurisdiction  on  Blackwell's  island, 
or  any  of  them  and  the  jurisdiction  and  control  over  any  build- 
ings or  premises  upon  Blackwell's  island,  becoming  thereby  va- 
cant, shall  thereupon  immediately  vest  in  the  charities  department. 


TITLE  19. 

Bellevue  and  Allied  Hospitals. 

Section  258.  The  "  Board  of  Trustees  of  Bellevue  and  Allied 
Hospitah"  shall  have  charge  and  control  of  all  public  hospitals 
now  owned  and  hereafter  et-tablished  by  the  city  upon  Manhattan 
island  and  in  the  borough  of  The  Bronx,  except  such  hospitals 
as  are  or  may  be  under  the  charge  and  control  of  the  health  de- 
partment. 

§  250.  The  board  shall  consist  of  eight  members,  to  be  ap- 
pointed by  the  mayor  as  hereinafter  provided,  seven  of  whom 


110 

shall  be  residents  of  the  county  of  Kew  York,  and  at  least  five 
of  the  borough  of  Manhattan.  The  remaining  member  shall  be 
the  charities  commissioner  who  shall  serve  ex-officio.  The  term 
of  office  of  the  members  of  the  board,  other  than  the  charities  com- 
missioner, shall  be  seven  years  from  the  first  day  of  February 
following  their  apjDointment.  In  the  month  of  January,  and  on 
or  before  the  twentieth  day  thereof,  prior  ta  the  expiration  of 
the  term  of  office  of  any  trustee,  other  than  the  charities  com- 
missioner, the  mayor  shall  appoint  his  successor  for  the  term 
of  seven  years.  The  mayor  shall  appoint  and  remove  trustees, 
other  than  the  charities  commissioner,  in  the  manner  prescribed 
in  the  administrative  code.  Every  trustee  shall  serve  without 
pay.  ISTo  trustee  shall  be  interested  directly  or  indirectly,  in  the 
furnishing  or  performing  of  work,  labor,  services,  materials,  or 
supplies  of  any  kind  to  or  for  said  hospitals  by  contract,  or 
otherwise. 

§  260.  The  board  shall  have  power  and  it  shall  be  its  duty, 
subject  to  the  provisions  of  this  act  and  of  the  administrative 
code: 

1.  To  appoint  and  remove  such  superintendents,  including  a 
general  superintendent,  and  such  medical  officers  and  other  sub- 
ordinates and  employees  as  may  be  necessary  for  the  efficient 
management  and  control  of  said  hospitals;  in  making  such  ap- 
pointments, except  in  the  case  of  superintendents  and  of  employees 
performing  duties  that  are  personal  to  a  memJber  of  the  board,  the 
board  shall  consider  the  nominations,  if  any,  of  the  general 
superintendent; 

2.  To  make  suitable  provision  for  the  reception,  medical  ex- 
amination and  temporary  care  of  persons  alleged  to  be  insane ; 

3.  To  receive,  and  provide  temporary  care  and  treatment, 
(within  any  hospital  under  its  control,  for  all  persons  irrespective 
of  their  residence,  when  such  persons  shall  become  injured  or  ill 
in  any  public  place  within  the  city  and  may  not  be  safely  re- 
moved to  their  homes; 

4.  To  exercise  general  control  over,  and  to  establish  rules  and 
regulations  governing,  all  ambulance  service  in  the  boroughs  of 
^lanhattan  and  The  Bronx,  except  such  ambulance  service  as 
may  be  maintained  by  the  department  of  health;  to  establish 
ambulance  districts  therein;  and  to  establish  and  maintain  such 
ambulance  stations  therein  and  to  provide  and  maintain  such 
ambulances  as  it  deem  necessary. 

§  261.  The  board  may  receive  and  treat  in  the  hospital'^  under 


Ill 

its  control  persons  who  do  not  reside  within  the  city,  provided 
that  such  persons  shall  pay  such  sum  for  board  and  attendauoe 
as  may  be  fixed  by  the  board,  and  that  such  persons  shall  not  be 
received  to  the  exclusion  of  residents  of  the  city.  The  board  may 
also  receive  and  treat  in  any  hospital  under  its  control  any  per- 
son able  to  pay,  in  whole  or  in  part,  the  cost  of  his  care  and 
maintenance  therein,  and  it  shall  be  the  duty  of  the  board  to 
collect  from  each  such  person  such  partial  or  entire  payment 
therefor  as  he  may  be  able  to  make. 

§  262.  Whenever  any  sick  person  in  said  hospitals  shall,  in 
the  opinion  of  the  board,  cease  to  be  a  proper  case  for  treatment 
in  said  hospitals,  the  board  may  cause  such  person  to  be  trans- 
ferred to  the  care  and  control  of  the  charities  commissioner  who 
shall  forthwith  receive  and  care  for  him.  If  any  sick  person 
under  treatment  in  any  of  said  hospitals  shall  die  while  under 
the  care  of  the  board,  it  may  call  upon  the  charities  commis- 
sioner forthwith  to  remove  the  body  of  such  person,  and  he  shall 
forthwith  remove  the  same  for  burial  or  other  proper  disposition; 
and  the  cost  and  expense  of  the  removal,  burial,  or  other  disposi- 
tion shall  be  paid  by  the  charities  department. 

§  263.  Subject  to  approval  by  the  board  of  estimate  and  ap- 
portionment, the  board  may  enter  into  a  contract  or  contracts 
with  the  Bellevue  Trainings  School  for  Nurses  for  the  occupation 
and  use  of  any  building  or  buildings  as  a  training  school  for 
nurses  and  may  establish,  maintain  and  direct  such  training 
schools  for  nurses  as  may  be  requisite  for  the  proper  administra- 
tion of  the  hospitals  under  its  charge. 

§  264.  The  medical  board  of  each  of  said  hospitals  shall  con- 
tinue as  constituted  at  the  time  when  this  act  takes  effect,  ^[em- 
bers of  these  medical  boards  and  their  successors  shall  serve  with- 
out pay  and  shall  hold  office  as  long  as  they  shall  perform  their 
duties  in  a  manner  satisfactory  to  the  board  of  trustees.  Va- 
cancies occurring  in  the  medical  boards  shall  be  filled  by  the 
board  of  trustees  by  appointment  of  members  of  the  medical 
profession  resident  in  the  city.  The  board  of  trustees  shall,  on 
nomination  of  the  me/lical  board  in  each  of  said  hospitals,  ap- 
point medical  and  surgical  house  officers  in  the  respective  hospi- 
tals, all  of  whom  shall  servo  without  pay. 


CHAPTER  IX. 

Assessments  for  Local  Improvements  and  Awards  for 
Changes  of  Grade. 

§  265.  The  word  "  assessment  "  wherever  used  in  this  chapter 
shall  be  construed  to  mean  an  assessment  for  any  local  improve- 
ment which  may  lawfully  be  confirmed  otherwise  than  by  a  court 
of  record. 

§  266.  There  shall  be  a  board  of  assessment  and  award  con- 
sisting of  three  persons  who  shall  appoint  a  secretary,  clerks  and 
subordinates  when  provision  for  their  salaries  shall  have  been 
made  by  the  board  of  estimate  and  apportionment. 

§  267.  The  board  of  assessment  and  award  shall  be  charged 
with  the  duty 

1.  Of  making  all  assessments; 

2.  Of  making  all  awards  as  compensation  for  loss  and  damage 
caused  by  a  change  in  the  grade  of  a  street  theretofore  established 
by  lawful  authority  in  either  of  the  following  cases : 

(a)  When  assessments  are  about  to  be  made  for  the  regu- 
lating and  grading  of  such  street.  The  amount  of  such 
awards  shall  be  included  in  the  assessment  for  the  regulating 
and  grading  of  such  street  as  a  part  of  the  expense  thereof. 
In  such  cases,  the  awards  so  made  shall  be  limited  to  compen- 
sation for  loss  or  damages  caused  to  buildings  or  other  im- 
provements. 

(b)  When  the  grade  of  any  street  has  been  changed  by 
reason  of  the  building  of  any  bridge,  bridge  approach,  via- 
duct or  other  structure,  and  where  no  assessment  for  the  ex- 
pense of  such  construction  is  to  be  laid.  The  award  in  such 
cases  shall  cover  damages  caused  by  such  change  of  gi*ade  to 
both  land  and  buildings.  The  said  board  shall  certify  such 
awards  to  the  comptroller  for  payment. 

3.  Of  making  all  awards  as  compensation  for  loss  and  damage 
in  cases  arising  under  subdivision  (a)  to  unimproved  land,  when- 
ever such  awards  are  authorized  by  the  board  of  estimate  and  ap- 
portionment. 

4.  The  board  of  assessment  and  award  shall  have  power  to  com- 
pel by  subpoena  the  attendance  of  witnesses,  with  or  without  books 

[112] 


113 

or  papers,  and  to  examine  them  with  resiKict  to  assessments  or 
damages  for  changes  of  grade. 

Nothing  in  this  section  shall  be  construed  to  affect  the  powers 
of  any  commission  existing  at  the  time  this  act  takes  effect  and 
authorized  to  make  awards  for  loss  or  damage  caused  by  change 
of  grade. 

§  2CS.  1.  The  board  of  assessment  and  award  shall  in  no  case 
assess  upon  any  land  more  than  one-half  the  fair  value  thereof, 
without  the  improvements,  if  any,  thereon. 

2.  Except  upon  a  petition  signed  by  the  owners  of  more  than 
one-half,  in  linear  feet,  of  the  property  fronting  upon  the 
line  of  any  proposed  improvement,  no  assessment  shall  be  im- 
posed for  the  paving,  curbing  or  flagging  of  any  street  or  any  por- 
tion thereof  which  has  once  been  paved,  curbed  or  flagged,  where 
the  expense  of  such  work  has  been  paid  by  the  owners  of  the  ad- 
joining property;  provided,  however,  that  nothing  herein  con- 
tained shall  be  construed  to  relieve  or  release  the  owners  of  prop- 
erty, grantees  of  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  of  or  from  any  covenants  to  pave  or  repave  or  other- 
wise physically  improve  such  streets. 

§  269.  There  shall  be  a  board  of  revision  of  assessments  and 
awards  to  consist  of  the  comptroller,  corporation  counsel  and 
president  of  the  tax  department.  The  comptroller  may  be  repre- 
sented in  the  board  by  a  deputy,  the  corporation  counsel  by  an 
assistant  and  the  president  of  the  tax  board  by  a  tax  commissioner ; 
but  in  any  such  case  a  written  designation  by  the  member  of  the 
board  shall  be  filed  with  the  secretary.   The  board  shall  have  power 

1.  To  hear  and  consider  on  the  merits  objections  to  any  assess- 
ment or  award  made  by  the  board  of  assessment  and  award ; 

2.  To  subpa?na  and  examine  witnesses  in  relation  to  any  such 
assessment  or  award ; 

3.  To  confirm  any  such  assessment  or  award : 

4.  To  revise  and  correct  any  such  assessment  or  award  and  con- 
firm the  same  as  revised  and  correcte<l ; 

5.  To  return  any  such  assessment  or  award  to  the  board  of 
assessment  and  award  with  directions  to  revise  and  correct,  and 
then  to  confirm,  the  same. 

In  case  any  assessment  or  award  shall  not  have  been  confirmed, 
or  revised  and  corrected  and  confirmed,  or  returned  for  revision 
and  correction,  within  thirty  days  after  it  shall  have  been  received 
by  the  board  of  revision  of  assessments  and  awards,  it  shall  be 
deemed  to  be  confirmed  at  the  expiration  of  said  period. 


114 


§  -^0  No  action  to  vacate  an  assessment  or  remove  a  cloud 
upon  title  by  reason  thereof  or  to  recover  moneys  paid  for  an 
assessment,  and  no  certiorari  to  review  a  determination  with 
respect  to  an  assessment  shall  be  maintained;  but  owners  of  prop- 
erty shall,  with  respect  to  assessments  and  the  recovery  of  moneys 
paid_  for  assessments,  be  confined  to  the  proceedings  for  which 
provision  is  made  m  the  administrative  code. 


CHAPTER  X. 

Local  Boards. 

Section  271.  Each  borough  shall  constitute  a  local  improvement 
district.  There  shall  be  in  each  district  a  board  of  local  improve- 
ments, to  be  known  as  the  ''  local  board,"  consisting  of  the  bor- 
ough president  and  the  councilmen  elected  from  the  borough,  who 
shall  serve  without  compensation.  The  jurisdiction  of  a  local 
board  shall  extend  over  the  district  f(jr  which  it  is  constituted. 
The  borough  president  shall  be  chairman  of  the  local  board. 

§  272.  If  any  proposed  local  improvement  specified  in  the  next 
section  shall  affect  more  than  one  local  improvement  district,  the 
members  of  the  local  boards  of  the  districts  affected  shall  together 
constitute  the  local  board  for  the  purposes  of  said  improvement. 

§  273.  1.  A  local  board  may  initiate  proceedings  for  the  con- 
struction of  tunnels,  bridges,  sewers  and  drains,  the  ojjining,  clos- 
ing, extending,  widening,  grading,  paving,  repaving,  grading,  re- 
grading,  repairing  and  resurfacing  streets,  ilagging,  rellagging, 
curbing  and  rccurbing  sidewalks,  laying  aud  relaying  crosswalks, 
setting  and  resetting  street  lamps,  providing  and  renewing  signs 
showing  the  names  of  streets,  fencing  vacant  lots,  digging  down 
and  filling  in  lots,  and  for  acquiring  real  property  for  parks,  tun- 
nels, bridges  and  approaches  thereto,  and  for  streets,  sewers  and 
drains ;  and  may  by  resolution,  approved  by  the  board  of  estimate 
and  apportionment,  authorize  and  direct  the  department,  board  or 
commissioner  having  jurisdiction,  to  execute  and  carry  out  the 
improvement. 

2.  If  the  estimated  expenses  to  be  incurred  under  any  one  such 
resolution  be  not  over  five  thousand  dollars  and  the  whole 
amount  is  to  be  raised  by  assessment  on  the  property  lx»nefited, 
the  approval  of  the  board  of  estimate  and  apportionment  shall  not 
bo  necessary. 

3.  The  board  of  estimate  and  apportionment  shall  by  resolu- 
tion to  be  adopted  in  January  of  each  year,  fix  the  aggregate  cost 
of  all  local  improvements  in  each  borough  which  may  W  author- 
ized during  said  year  as  ju-ovided  in  subdivision  two  of  this  section. 

§  274.  The  expense  of  idl  local  im])rovcments  made  under  the 
provisions  of  this  chaj^ter  shall  be  assessed  and  W  a  lien  on  prop- 
erty benefited  thereby  in  ])roportion  to  the  amount  of  such  benefit. 

§  275.  A  local  board  shall  have  ]vMvrr  to  hear  complaints  as 
[115] 


116 

to  nuisances  in  streets,  or  against  disorderly  houses,  drinking 
saloons,  gambling  houses  or  any  other  places  or  assemblages 
conducted  in  violation  of  good  order  or  of  the  laws  of  this 
state,  or  other  matters  or  things  concerning  the  peace,  comfort, 
order,  and  good  government,  respecting  any  neighborhood  within 
the  district  or  concerning  the  conditions  of  the  poor,  and  to  pass 
such  resolutions  concerning  the  same  as  may  not  be  inconsistent 
with  the  powers  of  the  council  or  of  the  respective  administrative 
departments. 


CHAPTER  XI. 

Acquisition  of  Real  Property  for  Public  Purposes. 

Section  27G.  The  city  is  authorized  to  acquire  real  property  by 
purchase  or  by  coudemnatiou  for  any  city  or  county  purpose;  but 
no  real  property  shall  be  acquired  except  with  the  approval  of  the 
board  of  estimate  and  apportionment  expressed  in  a  resolution, 
made  on  its  own  motion  or  on  the  application  of  a  department, 
board  or  commission,  or  of  an  otlicor  of  a  county  included  within 
the  city. 

§  2  77.  The  board  of  estimate  and  apportionment  >hall  by  gen- 
eral resolutions  prescribe  the  manner  in  ^vhich  all  applications 
for  the  purchase  of  real  property  for  public  purposes  shall  be  made 
to  it  by  any  department,  board  or  commission,  and  by  what  maps, 
estimates  of  value,  certiticates  of  necessity,  reports  and  other  docu- 
ments such  applications  shall  be  accompanied. 

§  278.  All  real  property  required  by  the  city  for  public  pur- 
poses shall  be  acquired  either: 

1.  By  purchase  by  the  board  of  estimate  and  apportionment 
under  the  authority  in  this  act  conferred  upon  it ;  or, 

2.  Through  the  exercise  of  the  right  of  eminent  domain,  by 
condemnation  proceedings  in  the  manner  and  according  to  the 
practice  provided  in  the  administrative  code. 

§  279.  If  the  board  of  estimate  and  apportionment  shall  by 
resolution  so  declare,  title  to  any  real  pro}x?rty  to  be  acquired  for 
public  purjxjscs  by  condemnation  shall  pass  to  the  city  upon  the 
qualification  of  the  commissioners  appointed  to  condemn  the  same, 
and  the  city  may  thereupon  enter  and  take  possession  of  such 
property.  "\Vhenever  title  is  thus  vested  in  the  city  the  commis- 
sioners shall  add  interest  to  the  awards  at  the  rate  of  six  per  cent- 
tum  per  annum  from  the  date  of  their  qualification  to  the  date  of 
the  awards. 

§  280.  The  person  in  whoso  favor  awards  shall  be  made  or 
costs  taxed  against  the  city  shall  have  no  right  of  action  against 
the  city  for  such  award  or  costs  except  as  provided  in  the  adminis- 
trative code;  but  the  supreme  court  may,  by  mandamus,  on  the 
relation  of  the  party  entitled  to  such  award  or  costs,  direct  the 
comptroller  to  pay  the  same. 

[117] 


118 

§  281.  1.  The  term  "  real  property  "  as  used  in  this  chapter 
shall  include  all  lands,  lands  under  water,  the  water  of  any  lake, 
pond,  or  stream,  all  easements  and  hereditaments,  corporeal  or 
incorporeal,  and  every  estate,  interest  and  right,  legal  and  equitable 
in  lands  or  water,  or  any  privilege  or  easement  therein,  including 
terms  for  years  and  liens  thereon  hy  way  of  judgment,  mortgage, 
or  otherwise,  and  all  claims  for  damages  to  such  real  property. 

2.  Whenever  in  this  act  'authority  is  given  to  the  city  to  ac- 
quire real  property,  it  shall  be  construed  to  authorize  the  acquisi- 
tion either  of  the  fee  simple,  or  any  easement  or  other  estate,  in- 
terest or  right  therein,  as  the  board  of  estimate  and  apportion- 
ment may  determine. 


CHAPTER  XII. 

The  Municipal  Civil  Service  Commission. 

Sectiou  2S-2.  All  appoiutineuts,  proiuotions  and  changes  of  status 
of  persons  iu  the  public  service  of  the  city  shall  be  made  in  the 
manner  prescribed  by  the  constitution  of  the  state  and  in  accord- 
ance with  the  provisions  of  the  civil  service  law,  and  such  amend- 
ments as  may  be  made  thereto,  and  the  provisions  of  this  act. 

§  283.  The  municipal  civil  service  commission  shall  have  the 
power : 

1.  To  appoint  a  secretary,  examiners,  and  such  other  subordi- 
nates as  may  be  necessary,  within  the  amount  appropriated  there- 
for; 

2.  To  make  investin^ations  concerning  the  enforcement  and  effect 
of  the  provisions  of  the  civil  service  law,  in  so  far  as  it  applies 
to  the  city,  and  the  rules  and  regulations  prescribed  thereunder, 
or  concerning  the  action  of  any  examiner  or  subordinate  of  the 
commission,  or  of  any  person  in  the  municipal  service,  in  respect 
to  the  execution  of  that  act,  and  in  the  course  of  such  investigations 
each  commissioner  and  the  secretary  shall  have  the  power  to  ad- 
minister oaths; 

3.  To  subjxcna  and  require  the  attendance  <>i  witnesses,  and 
the  production  thereby  of  books  and  papers  pertinent  to  the  in- 
vestigations and  inquiries  hereby  authorized,  and  to  examine  them, 
and  such  public  records  as  it  shall  require  in  relation  to  any  matter 
which  it  is  required  to  investigate. 

For  the  purpose  of  enabling  the  commission  to  comply  with  the 
provisions  of  this  section,  it  shall  have  all  the  powers  conferred 
by  the  code  of  civil  procedure  upon  a  board  or  committee,  and 
may  invoke  the  power  of  any  court  of  record  in  the  state  to  com- 
pel the  attendance  and  testifying  of  witnesses,  or  the  production 
thereby  of  books  and  papers  as  aforesaid. 

§  284.  No  officer  of  said  city  whose  duty  it  is  to  sign  or  counter- 
pign  warrants,  shall  draw,  sign  or  issue,  or  authorize  the  draw- 
ing, signing  or  issuing  of  any  warrant  on  the  chamberlain  or  other 
disbursing  officer  of  the  city  for  the  payment  of  salary  or  com- 
pensation to  any  person  in  the  classifietl  civil  service  of  the  city, 
for  services  rendered  to  the  city,  except  upon  certificate  of  the 

[119] 


120 


municipal  civil  service  commission  that  all  provisions  of  the  civil 
service  law,  and  of  the  rules  adopted  thereunder,  have  been  com- 
plied with  in  all  respects,  so  far  as  such  law  and  rules  apply  to 
the  person  in  whose  favor  the  warrant  is  to  be  drawn.  It  shall 
be  the  duty  of  the  commission,  Unless  it  shall  find  that  such  law 
and  rules  have  not  been  complied  with,  to  issue  such  certificate 
upon  request. 

§  285.  Whenever  in  any  department,  institution  or  office  of 
any  appointing  officer,  board  or  commission,  any  office,  position  or 
employment,  within  the  classified  municipal  civil  service,  is 
abolished,  or  made  unnecessary  through  the  operation  of  this  act 
or  in  any  other  manner,  or  whenever  the  number  of  offices,  posi- 
tions or  employments  of  a  certain  character  is  reduced,  the  person 
legally  holding  the  office  or  filling  the  position  or  empLoyment  thus 
abolished  or  made  unnecessary  shall  be  deemed  to  be  suspended 
without  pay,  and  shall  be  entitled  to  reinstatement  in  the  same 
office,  position  or  employment,  or  in  any  corresponding  or  similar 
office,  position  or  employment,  within  the  same  department  or  office 
or  where  a  department  or  office  is  abolished  by  this  act  then  within 
the  department  or  office  succeeding  to  its  functions,  if  within  one 
year  thereafter  there  is  need  for  his  services.  Whenever  such 
office,  position  or  employment  is  abolished  or  made  unnecessary,  it 
shall  be  the  duty  of  the  head  of  the  department,  or  institution  or 
other  appointing  officer,  board  or  commission  having  jurisdiction 
to  furnish  the  name  of  the  person  or  persons  affected  to  the  munici- 
pal civil  service  commission,  with  a  statement  in  the  case  of  each 
of  the  date  of  his  original  appointment  in  the  service.  It  shall 
be  the  duty  of  the  municipal  civil  service  commission  forthwith 
to  place  the  name  of  such  persons  upon  a  list  of  suspended  em- 
ployees for  the  office  or  position,  or  for  the  class  of  work  in  which 
they  have  been  employed,  or  for  any  corresponding  or  similar 
office,  position  or  class  of  work,  and  to  certify  such  persons  for 
reinstatement,  in  the  order  of  their  original  appointment,  before 
making  certification  from  any  other  list  and  no  original  appoint- 
ment, promotion  or  transfer  shall  be  made  to  any  such  office,  posi- 
tion or  class  of  work  in  such  department  or  office  until  the  list  of 
persons  eligible  to  reinstatement  thereto  has  been  exhausted.  The 
failure  of  any  person  on  any  such  list  for  reinstatement  to  accept, 
after  reasonable  notice,  an  office  or  position  in  the  same  borough 
and  at  the  same  salary  or  wages  as  the  position  formerly  held  by 
him  shall  be  held  to  be  a  relinquishment  of  his  right  to  reinstate- 
ment as  herein  stated. 


CHAPTER  XIII. 
Inferior  Local  Courts. 


TITLE  I. 

The  Civil  Courts. 

Section  286.  The  city  court  is  hereby  continued ;  provided  how- 
ever, that  in  sections  three  hundred  and  thirty-eij;ht,  thirty-one 
hundred  and  sixty-five,  thirty-one  hundred  and  sixty-nine,  thirty- 
one  hundred  and  seventy  and  thirty-two  hundred  and  sixty-eight 
of  the  code  of  civil  procedure,  the  word  *'  city  "  shall  be  con- 
strued to  mean  and  apply  to  the  territory  within  the  city  of  New 
York  as  it  existed  and  was  constituted  prior  to  the  first  day  of 
January,  eighteen  hundred  and  ninety-eight.  The  court  consista 
of  ten  justices,  one  of  whom  is  chief  justice  of  the  court,  who  shall 
each  be  elected  for  a  term  of  ten  years  by  the  qualified  electors 
of  the  boroughs  of  Manhattan  and  The  Bronx.  Each  of  said  jus- 
tices shall  receive  a  salary  of  twelve  thousand  dollars  a  year. 

§  287.  The  municipal  court  of  the  city  of  New  York  is 
continued  and  the  justices  of  said  court  and  all  city  marshals  in 
ofiice  when  this  act  takes  eifect  shall  continue  in  office  until  the 
expiration  of  their  terms,  unless  sooner  removed.  The  successors 
of  said  justices  shall  be  elected  for  tenns  of  ten  years.  The  sal- 
ary of  each  of  said  justices  elected  from  tlie  boroughs  of  Manhat- 
tan, The  Bronx  and  Brooklyn  shall  Ix)  eight  thousand  dollars  a 
year,  and  the  salary  of  each  of  said  justices  elected  from  the 
boroughs  of  Queens  and  Richmond  shall  bo  seven  thousand  dol- 
lars a  year;  provided  that,  in  addition  to  said  salary,  there  shall 
be  paid  to  a  justice  elected  from  either  the  lx>rough  of  Queens 
or  the  borough  of  Richmond  Um  dollars  for  each  day  on  which 
he  shall  hold  court  in  either  of  the  boroughs  of  ^fanliattan,  The 
Bronx  or  Brooklyn,  on  the  certificate  of  the  president  of  the  board 
of  justices  that  the  holding  of  court  by  such  justice  was  neces- 
sary by  reason  of  the  illness  or  absence  of  the  justice  regularly 
assigned  to  hold  the  same  or  of  extraordinary  pressure  of  business. 

[121] 


122 

TITLE  2. 

Criminal  Courts. 

Section  288.  3.  For  the  purpose  of  the  administration  of  justice 
in  courts  of  inferior  criminal  jurisdiction  the  city  is  divided 
into  two  divisions,  namely :  The  first  division,  embracing  the  bor- 
oughs of  The  Bronx  and  of  Manhattan;  the  second  division,  em- 
bracing the  boroughs  of  Brooklyn,  Queens  and  Richmond. 

§  289.  The  courts  of  special  sessions  and  the  city  magistrates' 
courts  of  each  of  the  divisions  of  the  city  are  hereby  continued, 
and  the  justices  of  special  sessions  and  city  magistrates  in  office 
when  this  act  takes  effect  shall  continue  to  hold  office  until  the 
expiration  of  their  respective  terms,  unless  sooner  removed  as 
provided  by  law. 

§  290.  From  and  after  the  first  day  of  January,  nineteen  hun- 
dred and  ten,  there  shall  be  not  less  than  eight  justices  of  the 
court  of  special  sessions  and  not  less  than  sixteen  city  magis- 
trates of  the  first  division,  and  not  less  than  seven  justices  of  the 
court  of  special  sessions  and  not  less  than  sixteen  magistrates  of 
the  second  division  of  the  city. 

§  291.  1.  The  salary  of  a  justice  of  the  court  of  special  ses- 
sions in  the  first  division  shall  be  nine  thousand  dollars  a  year; 
and  in  the  second  division  shall  be  six  thousand  dollars  a  year. 

2.  The  salary  of  a  city  magistrate  for  the  first  division  shall  be 
seven  thousand  dollars  a  year.  The  salary  of  a  city  magistrate 
appointed  in  the  borough  of  Brooklyn  in  the  second  division  shall 
be  six  thousand  dollars  a  year.  The  salary  of  a  city  magistrate 
for  the  boroughs  of  Queens  and  Richmond  shall  be  five  thousand 
dollars  a  year. 

3.  The  term  of  office  of  a  justice  of  the  court  of  special  sessions 
and  of  city  magistrate  shall  be  ten  years  and  an  appointment  to  fill 
a  vacancv  in  either  office  shall  be  for  the  same  term. 


CHAPTER  XIV. 

Art  Commission. 

Section  292.  The  art  commissioii  shall  be  composed  of: 

The  mayor,  ex-othcio; 

The  president  of  the  Metropolitan  Museum  of  Art,  ex-officio; 

The  president  of  The  Kew  York  Public  Library,  Astor,  Lenox 
and  Tilden  foundations,  ex-olHcio; 

The  president  of  The  lirooklyn  Institute  of  Arts  and  Sciences, 
ex-oiiicio;  and 

Six  members  ai)pointed  by  the  mayor  as  hereinafter  provided, 
of  whom  one  shall  be  a  painter,  one  a  sculptor,  and  one  an  archi- 
tect; of  the  remaining  three  members  none  shall  be  a  member 
of  any  profession  in  the  fine  arts.  All  shall  be  residents  of  the 
city.  The  term  of  office  of  each  member  appointed  by  the  mayor 
shall  be  three  years.  Each  head  of  a  department  shall  be  entitled 
to  sit  and  vote  as  a  member  of  the  coimnission  whenever  it  shall 
have  under  consideration  any  matter  relating  to  his  department. 

The  board  of  trustees  of  each  institution  herein  named  may 
designate  in  writing,  filed  with  the  mayor,  a  member  of  such 
board  to  sit  and  vote  as  a  member  of  the  commission  in  the 
absence  of  the  president  of  such  institution. 

§  293.  At  least  twenty  days  before  the  expiration  of  the  term 
of  office  of  a  member  appointed  by  the  mayor,  or  within  ten  days 
after  the  happening  of  a  vacancy  otherwise  than  by  expiration  of 
term,  the  mayor  shall  request  the  Fine  Arts  Federation  of  New 
York  to  submit  a  list  of  not  less  than  three  persons,  each  of  whom 
shaJl  possess  tbe  qualifications  of  the  outgoing  member,  or  of 
the  member  whose  office  shall  have  become  vacant,  as  the  case 
may  be.  Appointments  by  the  mayor  shall  be  made  from  such 
lists;  but  if  in  any  instance  the  Fine  Arts  Federation  shall  fail  to 
submit  a  list  within  ten  days  after  being  requested  so  to  do,  the 
mayor  may  appoint  without  such  nomination.  An  appointment 
to  fill  a  vacancy  shall  be  for  the  unexpired  tenn. 

§  294.  The  members  of  the  commission  shall  serve  as  such 
without  compensation  and  shall  elect  a  president,  vice-president 
and  secretary  from  their  number,  each  to  serve  for  one  year  or 
until  his  successor  shall  be  elected.     The  commission  may  adopt 

[123] 


124 

its  own  rules  of  procedure.  Five  members  shall  constitute,  a 
quorum. 

§  295.  The  city  shall  not  purchase  or  take  by  gift,  bequest  or 
otherwise,  any  work  of  art  unless  the  same  or  a  design  thereof 
shall  have  been  first  approved  by  the  commission.  No  work  of 
art  shall  be  erected  or  placed  in  or  upon,  or  allowed  to  extend 
over  or  upon,  any  street,  park,  public  building  or  other  property 
belonging  to  the  city  until  the  same  and  its  proposed  location  shall 
have  been  approved  by  the  commission.  When  required  by  the 
commission,  a  complete  model  of  a  proposed  work  of  art  shall  be 
submitted  to  it.  'No  work  of  art  in  the  possession  of  the  city 
shall  be  removed,  relocated  or  altered  in  any  way  without  the 
approval  of  the  commission;  but  in  case  the  immediate  removal 
or  relocation  of  lany  such  work  of  art  shall  be  deemed  necessary 
by  the  mayor,  the  commission  shall  be  deemed  to  have  approved 
thereof  unless  it  shall,  within  forty-eight  hours  after  notice  from 
the  mayor,  notify  him  of  its  disapproval  of  such  removal  or  relo- 
cation. The  term  "  work  of  art "  as  used  herein  shall  apply  to 
and  include  paintings,  mural  decorations,  stained  glass,  statues, 
bas-reliefs  or  other  sculptures,  monuments,  fountains,  arches  or 
other  structures  of  a  permanent  character  intended  for  ornament 
or  commemoration. 

§  296.  1.  ISTo  building,  bridge,  approach,  gate,  fence,  lamp  or 
other  structure  shall  be  erected  upon  any  street  or  land  belonging 
to  the  city  unless  the  design  thereof  shall  have  been  first  approved 
by  the  art  commission. 

2.  No  arch,  bridge,  structure  or  approach,  the  property  of 
any  person,  intended  to  extend  or  extending  over  or  upon  any 
street,  park  or  property  belonging  to  the  city  shall  be  erected  or 
altered  without  the  approval  of  the  commission. 

3.  ISTothing  herein  contained  shall  be  construed  as  intended 
to  impair  the  power  of  the  park  board  to  refuse  its  consent  to  the 
acceptance  or  erection  of  public  monuments,  memorials  or  works 
of  any  sort  in  any  park. 


APPENDIX  III. 


TABLE  OF  SOURCES. 


Showing  the  Derivation  of  suck  Sections  of  the  Pito- 
posED  Charter  as  are  Taken  from  the  Existing  Chautee 
AND  the  Consolidation  Act  (Laws  1882,  Chap.  410),  and 
ALSO  Designating  the  New  Sections. 


ABBREVIATIONS. 

p.  C—  Present  Charter,  L.  1901,  ch.  46G. 

C.  A.— Consolidation  Act,  L.   1882,  ch.  410. 

Cf. —  Compare. 

Consol. —  Consolidated. 

L. —  Laws. 

Ch.—  Chapter. 

Subd. —  Subdivision. 

Tit.—  Title. 

Art. —  Article. 

L.  1897,  ch.  378.—  First  Greater  New   York   Charter. 

Code   Civ.   Proc. —  Code  of   Civil   Procedure. 

CHAPTER  I. 

§   1.  Cf.  P.  C.  §   1. 
C.  A.  §   1. 
§  2.  Cf.  P.  C.  §  3. 
C.  A.  §  26. 

See  also  Consol.  L.   1909,  ch.  53. 
§  3.  P.  C.  §  4. 

C.  A.  §  27. 
§  4.  P.  C.  §§  4,  5. 

C.  A.  §  27. 
§   5.  P.  C.   §§  462,   1010,   141)0.  756.  864. 

C.  A.  §  803. 

General  Construction  Law,  Con'K>l.  L.  1909,  ch.  22.  5  37. 
§  6.  P.  C.  §   71.     See  also  §§  205,  220. 

C.  A.  §§   170,   186. 

§  7.  P.  C.  §  73. 

§  8.  P.  C.  5  72. 

§  9.  P.  C.  §  83. 

§   10.  P.  C.  §  86. 

C.  A.  §  720. 

[125] 


126 


§  11. 

P.  C.  i 
C.  A. 

§  261. 
§   1104. 

§   12. 

P.  C. 
C.  A. 

§  262. 
§   1103. 

§   13. 

New. 

§   14. 

New.  : 

But  see 

P.  c.  §§ 

730,  830,  1174,  1332. 

§   15. 

P.  C. 

§  2. 

See  L. 

1899, 

ch.  379. 

CHAPTER  II. 

§   IG. 

P.  C. 
C.  A. 

§  59. 
§   101. 

§   17. 

P.  C. 

§§  60, 

1551 

C.  A. 

§§   102. 

,  57. 

§   18. 

P.  C. 
C.  A. 

§   1533, 
§  59. 

§   10. 

P.  C. 

C.  A. 

§   1541, 
§  46. 

§  20. 

P.  C. 
C.  A. 

§   1542, 
§  47. 

§  21. 

P.  C. 
C.  A. 

§   1549 
§  55. 

S  22. 

P.  C. 

§§  20, 

382. 

§  23. 

Cf.  P. 

C.  §§ 

122, 

97, 

382. 

C. 

A.  §§ 

122, 

35, 

108. 

§  24. 

New. 

§  25. 

New. 

See  Constitution, 

art. 

X,  §  8. 

Cf.  P. 

C.  §§ 

23, 

97,  382,  18. 

§  26. 

Cf.  p. 

C.  §§ 

198, 

1550. 

c. 

A.  §§ 

168, 

56. 

CHAPTER  III. 

§  27. 

p.  c. 

C.  A. 

§  17. 
§  29. 

§  28. 

P.  c. 

C.  A. 

§   18. 
§  71. 

§  29. 

,  New. 

See  §  25,  supra. 

§  30 

.  P.  C. 

§§   19, 

22 

23, 

25,  27,  28. 

C.  A. 

§§  32, 

7l', 

73, 

76. 

§  31 

.  New. 

§  32 

.  Subd. 

1.  P. 

c.  § 

18. 

2.  C. 

A.  § 

29. 

3.  P. 

C.  § 

18. 

4.  P. 

C.  §  27. 

C. 

A.  f 

!  7L 

,  siibds.  3-7. 

§  33 

.  P.  C. 
C.  A. 

§§   18, 
§  71. 

27, 

30, 

35. 

L.  1849,  ch. 

187, 

§  4. 

§  34.  P.  C 

.  §§  42 

-4,  47,  49-51. 

C.  A 

.  §§  83 

,  85- 

-9. 

§  35.  New. 

§  36.  Subd 

.  1.  P. 

c.  § 

39. 

2.  P. 

c.  § 

;  38. 

3.  P. 

c.  ? 

i  50. 

4.  New. 

C.  A 

.  §  74. 

i 


127 

§  37.  P.  C.  §  40. 

C.  A.  §  75. 
§  38.  P.  C.  §  41. 
§  39.  P.  C.  §  57. 

C.  A.  §  98. 
§  40.  Subd.  1.  P.  C.  §§  417,  418. 

2.  New. 
§  41.  New. 
§  42.  P.  C.  §  53. 

C.  A.  §  100. 
§  43.  P.  C.  §  54. 

Cf.  C.  A.  §  93. 

CHAPTER  IV. 

§  44.  P.  C.  §  94. 

C.  A.  §§   30,  31,  52. 

Cf.  Brooklyn  Charter,  L.  1888,  ch.  683,  tit.  Ill,  S  3;  L.  1S73,  cL.  803, 
tit.  Ill,  §  11;  L.  1854,  ch.  384,  tit.  lU,  {  2. 
§  45.  P.  C.  §  94. 

C.  A.  §§  30,  31. 
§  46.  P.  C.  §  23. 

C.  A.  §  32. 
§  47.  P.  C.  §  115. 

C.  A.  §  103. 
§  48.  Subd.  I.  P.  C.  §§  95,  118. 

C.  A.  §§  108,  100,  110,  1541. 

2.  P.  C.  §§   1392,  1405,  1406. 

3.  New. 
§  49.  P.  C.  §  123. 

§  50.  P.  C.  §  119. 

C.  A.  §  110. 
S  51.  P.  C.  §§  90-110  and  cf.  §§  383,  G92. 

C.  A.  §§  34-45. 

CHAPTER  V. 

§  52.  P.  C.  §  226. 

C.  "k.  %   189. 

§  53.  P.  C.  §  382. 

Subds.  1  and  2.  New. 
§  54.  Subds.   1,  2.  P.  C.  §  226. 

3.  New. 
§  55.  New. 
§  56.  New. 

§  57.  New,  but  cf.  V.  C.  §§  151,  240  (added  by  L.  1007,  ch.  601).  C.  A.  5  125. 
§  58.  New. 

§  59.  New.  Cf.  P.  C.  §  50. 
C.  A.  §  97. 
§  60.  P.  C.  §  220. 
C.  A.  5  189. 

Subd.  3  and  part  of  subds.  2  and  5,  new. 
§  01.  Subd.   1.  P.  C.  §  220. 
C.  A.  §   189. 

2.  P.  C.  §  900. 
C.  A.  S  829. 

3.  P.  C.  §8  907,  249. 
C.  A.  8  2)4. 

L.  1897,  ch.  378.  §  247. 


128 

§  62.  Subds.  ],  2,  3,  7,  8,  10,  11,  12,  15,  IG,  20,  21,  22,  23,  and  last  paragraph 
new. 

4.  P.  C.  §  230,  subds.  4  and  8. 

5.  Id.  subd.  6  and  P.  C.  §  902. 

6.  Id.  subd.  5. 
9.  Id.  subd.  7. 

§  62.  Subds.  13.  Id.  subd.  8  and  P.  C.  §  1526. 
C.  A.  §   66. 
14.  Id.  subd.  14. 

17.  P.  C.  §  248. 

18.  P.  C.  §  209. 
C.  A.  §   172. 

19.  P.  C.  §§-227-229,  207,  211-214. 
C.  A.  §§   190-192,   171,   174-177. 

§  63.  New  but  cf.  P.  C.  §  216. 
C.  A.  §   129. 
§  64.  Subds.  1,3.  last  clause  of  7,  12,  14,  16,  and  17,  new. 
4.  P.  C.  §  205a. 

5-9,11.  P.  C.  §  205,  C.  A.  §  170. 
7.  in  part  P.  C.  §§  220,  1066. 
C.  A.  §§  186,  1027. 
10.  P.  C.  §  217. 
C.  A.  §   181. 
13.  P.  C.  §  472. 
15.  P.  C.  §  471. 
18-20.  P.  C.  §§  523-529. 
Cf.  also  P.  C.  §§  169,  45,  47,  48,  442,  244,  970,  1430«,   l-l.U;/..  and-475. 
§  65.  New. 
§  66.  Subd.  1.  L.  1907,  eh.  601,  but  cf.  P.  C.  §§  149,  246. 

2.  New.  Cf.  P.  C.  §  958. 
§  G7.  P.  C.  §  196. 

C.  A.  §  1165. 
§  68.  New. 

§  69.  New.  Cf.  P.  C.  §  55. 
C.  A.  §  95. 
§  70.  New.  Cf.  P.  C.  §   149. 

C.  A.  §§  52,  123. 
§  71.  P.  C.  §  436. 

L.  1897,  ch.  378,  §  422. 
§  72.  New. 
§  73.  New. 

CHAPTER  VI. 

§  74.  New.     Cf.  P.  C.  §  204. 

C.  A.  §   170. 
§  75.  Subd.     1.  P.  C.  §  207. 

C.  A.  §   171. 

2.  P.  C.  §  :?09. 
C.  A.  §   172. 

3.  P.  C.  §  208. 

4.  P.  C.  §  207. 
C.  A.  §   171. 

5.  P.  C.  §  208. 

Subds.  6,7,8.  P.  C.  §§  207,  208. 


129 

§  75.  yubd.     9.  P.  C.  §  206. 
C.  A.  §   171. 

10.  P.  C.  §  208. 

11.  New.     Cf.  Rapid  Transit  Act. 

12.  New.     Cf.  Rapid  Transit  AcL 
§  76.  P.  C.  §  206. 

C.  A.  §  171. 
§  77.  P.  C.  §  206. 

C.  A.  §  171. 
§  78.  P.  C.   §  209. 

C.  A.  §  172. 
§  79.  P.  C.  §§  211,  216. 

C.  A.  §§   174,   179. 
§  80.  P.  C.   §  212. 

C.  A.  §  175. 
§  81.  P.  C.  §  213. 

C.  A.  §  176. 
§  82.  P.  C.  §  222. 
§  83.  P.  C.  §  213. 

C.  A.   §   176. 

CHAPTER  VII. 

§  84.  New.     Cf.  P.  C.  §§  ISl,  187,  18S,  222,  169. 
§  85.  New.     First  clause,  Cf.  P.  C.  §  169. 

Second  clause,  P.  C.  §  222. 
§  86.  Subd.   1.     P.  C.  §§  174,  181,  183,  184,  185.  i-ast  par.  new. 

2,3.  Id.  §   187. 

4.  Id.  §  222. 

5.  Id.  §   169. 
§  87.  P.  C.  §   169. 

§  88.  New.     Cf.  P.  C.  §  169. 

§  89.  New.  Id.  §   169. 

§  90.  New. 

§  91.  New.     Cf.  §   172. 

5  92.  Cf.  P.  C.  §  174. 

§  93.  P.  C.  §  173. 

Subds.  1,2.  New. 

3.4.  P.  C.  §  173. 

5.  Id.  §   176. 

6.  Id.  §   174. 

§  94.  Subd.   1.  P.  C.  §   173,  subd.  5. 

C.  A.  §5   145,    152. 
2.  P.  C.  §   174. 

C.  A.  §   140. 
§  95.  Subd.   1.  P.  C.  §   181. 

C.  A.  §   144. 

2.  Id. 

3.  Id. 

4.  P.  C.  S  173,  8uM    4. 
C.  A.   S$   145,   152. 

5.  P.  C.  §   176. 
C.  A.  §   139. 

Last  paraprnph.  P.  C  $   181. 
§   96.  Subd.   1.  P.  C.  5   188,  subd.  1. 

C.  A.  SS  157,  159,  101. 
2.   Id.  subd.  2. 


130 


96.  Subd. 

3.  P.  C.  §  231. 
C,  A.  §   196. 

4.  P.  C.  §   188, 

subd.  3. 

5.  P.  C.  §  236, 

and  cf.  ^ 

188,  subd 

6.  P.  C.  §  188, 

subd.  7. 

7.  New. 

97.  P.  C. 

§  187. 

C.  A. 

§§   154,  155. 

§  98.  P.  C.  §  222. 


P.  C.  §   1543. 
C.  A.  §  48. 


CHAPTER  VIII. 

TITLE  I. 


§  100.  New. 
§  101.  New. 
§  102.  New. 
§  103.  New. 
§  104.  New. 
§   105.  New. 

TITLE  3. 
§  106.  P.  C.  §§  97,  149. 

See  Ordinances  approved  Nov.  8,  1906,  §  477. 

C.  A.  §§  35,  52,  123. 
§  107.  New,  but  cf.  P.  C.  §  97  and  C.  A.  §  35. 
§  108.  New,  but  cf.  P.  C.  §  149. 
§  109.  P.  C.  §  149. 

C.  A.  §§  52,  123. 
§  110.  P.  C.  §§  149,  151,  subds.  4,  6. 

C.  A.  §   125. 

TITLE  3. 

§   111.  P.  C.  §§   194,  195. 

C.  A.  §§   163,  164. 
§  112.  P.  C.  §  151,  subds.  1,  2,  5. 

C.  A.  §  125. 


§   113. 

Cf.  P.  C.  §  1587. 

§  114. 

New. 

TITLE  4. 

§   115. 

P.  C.  §§  107,  885. 

C.  A.  §  43. 

§   110. 

P.  C.  §§  887,  888. 

C.  A.  §  43. 

§  117. 

Subd.  1.  P.  C.  §  890. 

C.  A.  §  81? 

2.  P.  C.  §  889. 

3.  New.  Cf.  P.  C.  §  899. 

4.  P.  C.  §  889. 

5.  P.  C.  §  899. 

6.  New.  Cf.  Tax  Law,  §   13. 

7.  P.  C.  §  892. 

8.  P.  C.  §§  897,  898. 

9.  New.  Cf.  §  900. 

10.  New.  Cf.  §  910. 

11.  P.  C.  §  911. 

C.  A.  §  833. 

131 

§  118.  Sulxl.  1.  New.  Cf.  §  889. 

2.  New.  Cf.  C.  0.   1.  §  BA4. 

3.  P.  C.  §  895. 
§    119.  P.  C.   §§   892,  894. 

§   120.  P.  C.  §  894. 
C.  A.  §  818. 
§   121.  New. 

§   122.  P.  C.  §  892.  Cf.  §  909. 
§   123.  Cf.  P.  C.  §  898. 
S   124.  P.  C.  §  896. 

125.  P.  C.  §  890;   last  clause  new. 
§   126.  P.  C.  §  907. 
S   127.  New.  Cf.  §§  910,  911.  P.  C. 

128.  New.  Cf.  §  899.  P.  C. 

129.  Cf.  §§  913,  914.  P.  C. 

130.  P.  C.  §  920. 

§   131.  New.  Cf.  §  911). 

TITLE  5. 


§ 

132. 

P. 

c. 

§  255. 

C. 

A. 

§  215. 

§ 

133. 

Cf 

.  P 

.  C.  §  255. 

§ 

134. 

P. 

c. 

§  255. 

c. 

A. 

§  215. 

§ 

135. 

p. 

C. 

§  256. 

c. 

A. 

§  215. 

§ 

136. 

p. 

C. 

§  256. 

c. 

A. 

§  215. 

§ 

137. 

p. 

c. 

§§  258-200. 

c. 

A. 

§§   216,249. 

§ 

138. 

p. 

c. 

§  257. 

§ 

139. 

p. 

c. 

§  255. 

c. 

A. 

§  215. 

TITLE  6. 
§   140.  P.  C.  §  270. 

C.  A.  §§  37,  52. 
§    141.  Id. 
§   142.  New. 

§  143.  P.  C.  §§  271,  272,  339. 
C.  A.  §§  250,  200,  280. 
§  144.  New.  L.  1897,  ch.  378,  §  292;  L.  1901.  cli.  Xl. 
§  145.  P.  C.  §  290. 
C.  A.  §  2G5. 
Cf.  Also  P.  C.  §  331. 
C.  A.  §  288. 
§  146.  Subd.  1.  P.  C.  §  284. 
C.  A.  §  268. 

2.  P.  C.  §  292. 
C.  A.  §  266. 

3.  P.  C.  §§  292.  288. 
C.  A.  §§  266,  271. 

4.  P.  C.  §  308. 
C.  A.  §  269. 

5.  P.  C.  58  324.  323. 
C.  A.  §§  256,  255. 

6.  P.  C.  5  315. 
C.  A.  §  282. 


132 


§  146.  Subd.  7.  P.  C.  §  320. 

C.  A.  §  354. 

8.  P.  C.  §  305. 

C.  A.  §  259. 

9.  P.  C.  §  316. 

C.  A.  §  283. 

10.  P.  C.  §   1457,  353,  subds.  8, 

7. 

C.  A.  §§   1939-1942,  305. 

11.  P.  C.  §  301. 

C.  A.  §  251, 

§   147.  P.  C.  §  297. 

C.  A.  §§  262,  204. 

§   148.  P.  C.  §  315. 

C.  A.  §  282. 

§   149.  P.  C.  §§  337,  340. 

C.  A.  §§  277,  281. 

§   150.  P.  C.  §§  310,  312,  313,  314. 

C.  A.  §§  261,  296. 

§   151.  P.  C.  §  341. 

C.  A.  §  275. 

§   152.  P.  C.  §§  303,  302. 

C.  A.  §§  273,  472. 

§   153.  Subd.  1.  P.  C.  §  302. 

C.  A.  §  472. 

2.  P.  C.  §  300. 

C.  A.  §  250. 

3.  Id.,  and  partly  new. 

4.  New.  Cf.  §  300.  P.  C. 

5.  Cf.  P.  C.  §  300. 

6.  Id.  §  302. 

§   154.  New.  Cf.  Code  Civ.  Proc.  §  212rf. 

§  155.  New.  P.  C.  §  300,  Last  clause. 

TITLE  7. 

§   156.  P.  C.  §   1167. 

C.  A.  §  41. 

§   157.  P.  C.  §  1168. 

C.  A.  §  533. 

§   158.  Subd.  1.  Public  Health  Law,  §  21  and 

passim. 

2.  P.  C.  §   1171. 

C.  A.  §  538. 

3-10.  P.  C.  §  1169. 

C.  A.  §§   570,  573. 

11.  P.  C.  §   1210. 

C.  A.  §  541. 

12.  See  subd.  2,  supra. 

§   159.  Subd.  1.  P.  C.  §   1169. 

C.  A.  §§  570,  573. 

2-5.  P.  C.  §   1170. 

C.  A.  §§  549-552. 

6.  Cf.  P.  C.  §  1175. 

C.  A.  §  585. 

7.  Cf.  P.  C.  §§   1318,  1.304. 

C.  A.  §§   667,  649. 

8.  P.  C.  §   1221,   subd.    1. 

C.  A.  §  542. 

133 

§   159.  Subd.   9.  P.  V.  §  1172. 
C.  A.  5  575. 

10.  See  subd.  1,  supra, 

11.  Cf.  P.  C.  8   1211). 

C.  A.  §  555. 
§   IGO.  Subd.   1.  New.  Cf.  Public  Hi-altli  Law. 
2-3.  P.  C.  §   1179. 
C.  A.  §  534. 
4.  New. 
§    iUl.   P.  C.   §    1172. 
C.  A.  §  575. 
g   162.  P.  C.  §   1172. 
C.  A.  §  575. 
§   1G3.  New,  but  see  P.  C.  §   1109  for  part. 
§   104.  P.  C.  §   1178. 
C.  A.  §  580. 
§   105.  P.  C.   §§   1207,  1209,  1210. 
Last  clause  ucw. 

Cf.  also  Sanitary  Code,  §§   124,   125,  130. 
§   100.  New,  but  cf.  P.  C.  §  1570. 
Cf.  also  C.  C.  P.  §§  174-178. 
Cf.  also  Erie  County  Act,  L.   1902,  ch.  577. 
§   167.  New,  but  cf.  Code  Crini.  Proc.  §  773. 
§  108.  New.     Cf.  P.  C.  §   1570. 
C.  A.  §   1706. 


§ 

169. 

New. 

§ 

170. 

New. 

§ 

171. 

New. 

§ 

172. 

P.  C. 
C.  A. 

§   1305. 
§  606. 

TITLE  3. 

§ 

173. 

P.  C. 
C.  A. 

§§   724,  722. 
§  424. 

§ 

174. 

P.  C. 
C.  A. 

Subd. 

§  724. 
§  424. 

1.  P.  C.   §   728. 
C.  A.  §  428. 

2.  Cf.  P.  c.  §  ; 

3.  P.  C.  §  754. 
C.  A.   §  450. 

4.  Cf.  P.  C.  §§ 

5.  P.  C.  §  771. 
C.  A.  §  463. 

G.  P.  C.  §  75S 

(40. 
7G3-77C. 

§ 

175. 

P.  C. 

§  720. 

§ 

176. 

Cf.  P 

.  C.  §   722. 

§ 

177. 

p.  t . 

§  727. 

C.  A.   §  427. 

§ 

178. 

p.  C. 

§   734;  partly  new. 

§ 

179  P.  C. 

§  736. 

C.  A. 

§  437. 

§ 

180. 

Subd. 

1.  P.  C.   §  735. 
C.  A.  §  436. 

2.  Cf.  P.  C.  §§ 

3.  P.  C.   §  740, 

739,   1543. 
end  ;  cf.  also  § 

r89,  subd.  c. 


134 


§ 

181. 

New. 

s 

182. 

New; 

but  cf.  P 

.  C.  §  739. 

c 

.  A.  §  440. 

§ 

183. 

P. 

C. 

§  790. 

C. 

A. 

§  519. 

TITLE  9. 

§ 

184. 

New. 

§ 

185. 

New. 

§ 

186. 

P. 

C. 

§  1056. 

C. 

A. 

§  1051. 

§ 

187. 

P. 

C. 

§  1055. 

c. 

A. 

§  1029. 

§ 

188. 

New. 

Cf.  P.  c 

.  §  1061. 

C.  A. 

§  1022. 

§ 

189. 

P. 

C. 

§  1061. 

C. 

A. 

§  1022. 

§ 

190. 

Cf 

P 

.  C.  §  1067. 

L. 

1897,  ch.  37e 

,  §  1069. 

§ 

191. 

Cf 

.  190,  supra 

§ 

192. 

Subd. 

1.  Cf.  P. 

C.  §  1069,  subd.  1. 

2.  Cf.  P 

C.  §  1069,  subd.  6. 

3.  P.  C. 

§  1084. 

L.  1897,  ch.  378,  §  1104. 

4.  P.  C. 

§§  83,  1069. 

5.  P.  C. 

§  1069,  subd.  2. 

6.  P.  C. 

§  1069,  subd.  3. 

7.  P.  C. 

§  1069,  subd.  5. 

8.  P.  C. 

§  1083. 

9.  Cf.  P 

C.  §  1088. 

10.  P.  C. 

§  1068. 

L.  1897,  ch.  378,  §  1070. 

§ 

193. 

P. 

C. 

§  1079; 

cf.  P.  C.  §  1089. 
C.  A.  §  1040. 

§ 

194. 

P. 

C. 

§  1090. 

§ 

195. 

P. 

c. 

§  1090. 

§ 

196. 

P. 

c. 

§  1094. 

L. 

1897,  ch.  378.  §  1094. 

§ 

197. 

Cf 

P 

C.  §  1087. 

§ 

198. 

P. 

c. 

s  1151. 

C. 

A. 

§  1062. 

§ 

199. 

P. 

C. 

§  1127. 

c. 

A. 

§  1105. 

§ 

200. 

p. 

C. 

§  1129. 

c. 

A. 

§  1057. 

§ 

201. 

p. 

C. 

§  1139. 

L. 

1888,  ch.  580,  §  1. 

TITLE  10. 

§ 

202. 

Subd. 

1.  P.  c. 

§§  817,  818. 

2.  P.  C. 

§§  540,  818. 

3.  P.  C. 

§§  818,  819. 

C.  A. 

§  712. 

4.  P.  C. 

§  820. 

5.  P.  C. 

§  819. 

C.  A. 

§  712. 

6.  P.  C. 

§§  818,  827. 

C.  A. 

§  717. 

135 

§  202.  Subd.    7.  P.  C.  §§  817,  818. 

8.  P.  C.  §  819. 
C.  A.  §  712. 

9.  P,  C.  §  818. 

10.  P.  C.  §§  822-824. 
§  203.  Subd.  1.  P.  C.  8§  837,  854,  854a,  856,  865. 
C.  A.  §§  789,  791,  804. 

2.  Cf.  P.  C.   §  825. 

3.  Cf.  P.  C.  §  833. 
C.  A.  §  724. 

4.  Cf.  P.  C.  §§  834,  837. 
C.  A.  §  725. 

5.  Cf.  P.  C.  §§  836,  838,  540. 
C.  A.  §  728. 

6.  P.  C.   §§  825,  859. 

7.  New. 
§  204.  P.  C.  §  826. 

§  205.  P.  C.   §  818. 

§  20C.  Cf.  P.  C.  §§  819-824,  826,  838,  867a. 

C.  A.  §  712. 
§  207.  New. 

TITLE  II. 
§  208.  Cf.  P.  C.  §  007. 
§  209.  P.  C.  §§  010,  612,  613. 
§  210.  Subd.   1.  P.  C.  §  610. 

2.  Cf.  P.  C.  §  614. 

3.  P.  C.  §  611. 
§  211.  Cf.  P.  C.  §  609. 

C.  A.  §  700. 
§  212.  Cf.  P.  C.  §  620. 

C.  A.  §§  075,  096,  698. 
§  213.  Subd.   1.  Cf.  P.  C.   §  612. 
C.  A.  §  689. 
2-5.  P.  C.  §  612. 
C.  A.  §  688. 
6.  P.  C.  §  615. 
0.  A.  §  699. 
7-8.  P.  C.  §  614. 

9.  New.  Cf.  P.  C.  §§  613,  621-626. 
Last  parafrraph,  P.  C.  §  607. 
§  214.  P.  C.  §§  621-626,  613. 

C.  A.  §§  606,  697,  698,  093. 

TITLE  12. 


§ 

215. 

Subd. 

1.  P.  C.   §  409,  subd.   1. 

2.  Id.  subd.  2. 

3.  Id.  SUM.  4. 

Cf.  Also  P.  C.  S  473. 
Last  sentence  new. 

§ 

216. 

Subds. 

1-2.  P.  C.  §  472. 

3-4.  P.  C.  §  474. 

C.  A.  §  351. 

5.  P.  C.  §  516. 

6.  P.  C.  §  487. 

7.  P.  C.  §   1022. 
Second  sentence  new. 

136 


§  217. 

P.  C.  §  471. 

§  21S. 

Subds.   1-3.  P.  C. 

§  479. 

C.  A. 

§  357. 

§   219. 

P.  C.  §  479. 
C.  A.  §  357. 

§  220. 

P.  C.  §  511. 

L.  1883,  ch.  490, 

§  35. 

§  221. 

New. 

§  222. 

Cf.  P.  C.  §  518. 

§  223. 

New. 

§  224. 

SuM.     1.  P.  C.  § 

534,  s 

TITLE  13. 


2.  P.  C.  §  383,  subd.  1. 

3.  Id.  subds.  2,  3. 

4.  Id.  subd.  4. 

5.  Id.  subd.  5. 

6.  Id.  subd.  6. 

7.  Id.  subd.  7. 

8.  Id.  subd.  9. 

9.  Id.  subd.  10. 

10.  Id.  subd.  11. 

11.  Id.  subd.  9. 

12.  Id.   §  428. 

13.  Id.  second  subd.  2. 

14.  New. 

15.  Id.  subd.  5. 

16.  Id.  §§  526,  5z8. 

17.  Id.  §  524. 

18.  Id.   §  523. 

19.  Id.  §§  525-526. 

20.  Id.  §  545. 

21.  Cf.  P.  C.  §  383,  subd.  8. 
§  225.  P.  C.  §  612. 

P.  C.  §  818. 

Last  clause:  P.  C.  §  540. 
§  226.  New. 
§  227.  New. 
S  228.  Subd.  1.  Cf.  P.  C.   §§  533,  534. 

2.  Cf.  P.  C.  §  383,  subds.  1-4. 

3.  Cf.  Id.  subd.  9. 

4.  Cf.  P.  C.  §  469,  subd.  5. 

5.  Cf.  P.  C.  §  383,  subds.  10,  1 

6.  Cf.  Id.  subd.  6. 
§  229.  P.  C.  §  538. 

§  230.  P.  C.  §  544. 

§  231.  P.  C.  §  528. 

§  232.  New.  Cf.  P.  C.  §  383,  subd.  9. 

§  233.  P.  C.  §  386. 


TITLE  14. 
§  234.  Subd.  1.  Cf.  P.  C.  §  595,  subd.  1. 

2.  P.  C.  §  595,  subds.  4,  5. 

3.  Id.  subd.  6. 

4.  New.  Cf.  P.  C.  §  598. 

5.  New. 


>35.  Cf.  P.  C.  §  598. 
C.  A.  §   1<J78. 


137 


TITLE  15. 


§   23G.  P.  C.   §§   405,  40G. 

L.   1897,  ch.  378.  §§  644,  648. 
§   237.  Cf.  P.  C.  §  405. 
8  238.  Sulxl.  1.  P.  C.  §  406. 

Cf.  Building  Code,  §§  157,  157a. 

2.  Cf.  P.  C.  §  405. 

3.  Cf.  P.  C.  §  406. 

L.  18'J7,  ch.  378,  §  648. 
§  239.  New. 
§  240.  P.  C.  §  410. 

L.  1897,  ch.  378,  §  650. 
I  241.  P.  C.  §  411. 

L.  1897,  ch.  378,  §  649. 
§  242.  P.  C.  §  406. 

TITLE  16. 
§  243.  Subd.  1.  P.  C.  §   1340. 

2.  P.  C.  §§   1340,  1344e. 

3.  L.  1901,  ch.  334.  §  12. 
§   244.  Subd.   1.  New. 

2.  New. 

3.  P.  C.  §   1338. 

4.  New. 

5.  Cf.  P.  C.  §   1342. 
§  245.  Subd.  1.  P.  C.  §   1342. 

2.  Cf.  P.  C.  §§   1344a,  1343. 

3.  Cf.  P.  C.  §§   1344t,  1344;,   1344A-. 
§  246.  New. 

§  247.  Partly  new;  see  P.  C.  §  1341a. 

5  248.  P.  C.  §   1341?). 

§  249.  New.  See  for  subd.  1.  L.  1901.  ch.  334. 

TITLE  17. 
§  250.  Paragrraph   1.  P.  C.  §   G(i2. 
Subd.   1.  New. 

2.  New. 

3.  P.  C.  §  660. 

4.  P.  C.  §§  662,  676. 
C.  A.  §  418. 

5.  P.  C.  §  662. 
6-7.  P.  C.  §  663. 

8.  P.  C.  §§  663,  682. 

9.  P.  C.  §  663. 

10.  Cf.  P.  C.  §  660.  and  §  092.  miM.   II. 

11.  P.  C.  8  664. 

12.  P.  C.  §  6(14. 

13.  P.  C.  §  671. 

14.  P.  C.  §  672. 
C.  A.  §  408. 

15.  P.  C.  §  673. 
C.  A.  §  40S. 


13S 

§  250.  Subd.   IG.  P.  C.  §  G76. 
C.  A.  §  418. 

17.  New. 

18.  P.  C.  §  670. 

19.  P.  C.  §  683. 
C.  A.  §  421. 

20.  P.  C.  §§  684,  685. 

C.  A.  §§  422,  1454-6. 

21.  P.  C.  §§  687-9. 
§  251.  P.  C.  §  678. 

C.  A.  §  416. 
§  252.  P.  C.  §  660. 
§  253.  P.  C.  §  661. 
§  254.  New.  See  Poor  Law,  L.  1896,  ch.  225,  §  2. 

TITLE  i8. 
§  255.  Subd.  1.  P.  C.  §  695. 

See  Code  Civ.  Proc.  §  120. 

2.  New.  See  Code  Civ.  Proc.  §   120. 

3.  New.  See  Code  Civ.  Proc.  §  123. 
§  256.  Cf.  P.  C.  §  696. 

§  257.  Cf.  Id. 

TITLE  19. 
§  258.  Cf.  P.  C.  §  692,  subd.  1. 
§  259.  Cf.  Id.  and  subd.  3. 
§  260.  Subd.  1.  P.  C.  §  692.  subd.  5. 
2-3.  Id.  subd.  7. 

4.  New. 

§  261.  P.  C.  §  692,  subd.  8. 

§  262.  P.  C.  §  692,  subd.  10. 

§  263.  P.  C.  §  692,  subd.  11. 

§  204.  P.  C.  §  092,  subd.  6. 

CHAPTER  IX. 

§  265.  P.  C.  §  942. 
§  266.  Cf.  P.  C.  §  943. 
C.  A.  §  805. 
§  267.  Subd.  1.  P.  C.  §  943. 

2.  New. 

3.  New. 

4.  New. 

Last  paragraph,  P.  C.  §  952. 

§  268.  Subd.  1.  P.  C.  §  947. 

C.  A.  §  870. 

2.  P.  C.  §  948. 

C.  A.  §  875. 

§  269.  P.  C.  §  944. 

C.  A.  §  867. 
§  270.  P.  C.  §§   958,  961,  963. 

CHAPTER  X. 

§  271.  P.  C.  §  425,  L.  1897,  ch.  378,  §§   390,  391. 
i?  i>T'2.  P.  C.  §  426,  lb. 

§  273.  P.  C.  §§    428,   323,   subd.    12:    434,   435. 
L.  1897,  ch.  378,  §§  393,  403. 


139 


§  274.  P.  C.  §  434. 
§  27.i.  P.  C.   8   42y. 

L.   1S97,  cli.  378,  §  393. 


§  276.  New. 

§  277.  New. 

§  278.  New. 

§  279.  New. 

§  280.  Cf.  P.  C.  §   174. 

§  281.  New. 


CHAPTER  XI. 


CHAPTER  Xn. 


§  282.  P.  C.   §   124. 
§  283.  Cf.  L.  1899,  ch.  370. 
Subd.  1.  Id.  §  4. 

2.  Id.  §  6,  subd.  3. 

3.  Id.  §  6,  subd.  4. 
Last  paragraph,  id. 

§  284.  Id.  §   19. 
§  285.  Id.  §  21. 

CHAPTER  Xni. 
TITLE  I. 
§  286.  P.  C.   §§   1345,   1346. 

C.  A.  §   1206. 
§  287.  Partly  new. 

See  P.  C.  §§   1356,  1355. 
C.  A.  §   1281. 

TITLE  2. 
§  288.  P.  C.  §   1390. 
§  289.  P.  C.  §  1405. 
§  290.  Cf.  P.  C.  §§   1405,   1391. 
§  291.  Subd.  1.  P.  C.  §  1406. 

2.  P.  C.  §   1402. 

3.  P.  C.  §§   1405,   1392. 

CHAPTER  XIV. 

§  292.  P.  C.  §  633. 

§  293.  P.  C.  §  634. 

§  294.  P.  C.  §  635. 

S   205.  P.  C.   §§  f.37.   639. 

§  296.  P.  C.  §  637. 


INDEX  OF  CHARTER. 


Sbc. 
ABOLISHMKNT.     See    "Aldermen,    Board    of;"   "Aqueduct    Commission- 
ers;" "Assessors,  Board  of;"  "Bank  Deposit;"  "Coroners;"  "Educa- 
tion,  Department   of;"   "Sinking    Fund    Commissioners,   Board    of;"' 
"  Street  Cleaning  Department." 

ACCOUNTIXG  AND  ACCOUNTS. 

Audit  of   accounts  of  all   city  olTiccrs,  etc.,  charged  with  receipt   of 
city  moneys  may  be  made  by  board  of  estimate 20 

ACQUISITION  OF  REAL  PROPERTY  FOR  PUBLIC  PURPOSES. 

Acquisition   of   real   and   personal    property   for   public   uses 

Subds.  1,  2       2 
Acquisition  of  title  to  land  for  public  purposes.    See  "  Local  Boards  "  273 
Application    for    such    purchases    by    departments,    boards    or    com- 
missions      277 

Awards. 

No  action   for 280 

Payment  of,  by  comptroller  on  mandamus 280 

Conditions  upon  wliich  real   projK^rty  may  be  acquired  by  the  city..   27(5 

Corporate  stock   issued  for    Subd.  5     8G 

Documents  to  accompany  applications  for  such  purcliase,  prescribed 

by  board  of  estimate  and  apportionment 277 

Interest  on  awards,  when  to  run ; 279 

Manner   of  application   for  purchase  of  real   property,  prescribed  by 

board  of  estimate  and  apportionment   277 

Mode  of  acquisition. 

Purchase,  authorized  by  board  of  estimate Subd.   1   2'> 

Condemnation  proceedings  under  right  of  eminent  domain 

Subd.  2  27S 

Payment  of  awards  on   mandamus 280 

Rapid    transit    railroads,    corporate    stock   issued    for    acquisition    of 

lands   and  easements   for    Subd.  5     8fi 

Real   property   defined 281 

Right  of  action  against  city  for  award.s  of  costs,  when  not  allowed.  .   2S() 
Title  to  realty  acquired  by  condemnation,  when  to  pass 27!» 

ACTIONS   AGAINST  THE    CITY 11.  12 

Conditions  precedent  to  bringing  actions  against  the  city II 

Payment  of  judgments  against  city Sulvl.  4  :h; 

Venue  of   12 

ADMINISTRATIVE    DEPARTMENTS.      See    also  Individual    IX'part 
mcnt'*. 

Now   in  existence,   continued 102 

Branch  oflicos  in  any  borough  to  l>e  authorized  by  board  of  estimate 

and  apimrtioiHuciit    103 

Enumeration  of  — 

Bellevue  and  alli.^d  hospitals 51 

Briilges 51 

Buildings r>l 

Charities 51 

Correction 51 

Docks  and   ferries    51 

Education 51 


142 


ADMINISTRATIVE  DEPARTMENT  —  Continued. 

Enumeration  of  —  Continued.  Sec. 

Finance 51 

Fire 51 

Health 51 

Law 51 

Parks 51 

Police 51 

Street  control    51 

Tax 51 

Tenement-house 51 

Treasury 51 

Water   supply    51 

Heads  of  departments  to  prescribe  duties  of  officers  and  employees ...  102 

Jurisdiction  continued  102 

Main  office  in  borough  of  Manhattan 103 

Powers  now  in  existence  continued 102 

Rules  and  regulations,  which  ones  continued  in  force 102 

ADULTERATION. 

Enforcement  of  laws,  re 158 

ADVERTISING. 

Budget  provides  for  cost  of  advertising  required  by  law.  .  .  .Subd.  12     62 

AI^IBULANCES Subd.  4  260 

AMERICAN  INSTITUTE  OF  ARCHITECTS 241 

ANNUAL    RECORD    OF    THE    ASSESSED    VALUATION    OF    REAL 
ESTATE.  . 
Budget  provides  for  cost  of  compiling  and  publishing Subd.  12     62 

AQUEDUCT   COMMISSIONERS. 

Office    abolished    222 

Powers  devolved  upon  water  commissioner 222 

Records  to  be  delivered  to  water  commissioner 222 

ART   C0:\OIISSI0N. 

Appointment  of 48 

Appointment,  manner   of    293 

Approval  of  commission,  when  necessary 295 

Approval,  what  constitutes   295 

Composition 292 

Election  of  officers   294 

Term  of  office    , 294 

Heads  of  city  departments,  when  entitled  to  vote  in  commission ....   292 

Location  and  removal  of  structures,  to  be  approved 295 

Wlien  necessity  for  immediate  removal 295 

ASSESR:\IENTS  for  local   improvements  and  AWARDS   FOR 
CHANGES  IN  GRADES. 

Amount  of   award    267 

Applications    for   relief    from,    heard    and    determined    by   board    of 

estimate Subd.  2     66 

On  what   conditions Subd.  2     66 

Assessments   for  paving,   etc.,  when  not  to  be  imposed Subd.  2  268 

Assistant  corporation  counsel  may  represent  corporation  counsel....   269 

Awards  for  changes  of  grade,  when  made Subd.  2  267 

Awards  for  damages  to  unimproved  land Subd.  3  267 

Board   of  revision  of  assessment   and  award. 

Appointment  and  removal    266 


143 

ASSESSMENTS   F<m   UKAL   IMPROVEMENTS   AND   AWARDS   FOI{ 

CHANGES   IN   GRADES  —  CV.ntiniK-,1.  Se.-. 

Board   of   assessment   and    award  —  Continued. 

<^'lerl<9 2G6 

Composition 266 

Duties,   assessments Sulxl.   1   2G7 

Powers Subd.  4  267 

President    of   board,    how   designated 266 

Prohibition    upon: 

Not  to  assess  any  land  more  than  one-half  the  value  thereof 
without  the   improvements  thereon    Sulxl.   1  268 


Salaries. 


266 


Secretary 266 


Subordinat 


266 


Board  of  estimate's   authorization  of  awards Subd.  3  267 

Board  of  revision  of  assessment  and  award, 

Composition  of ; 269 

Powers ...y. .]....[ ..[.[.     269 

Certifiaations    of    awards    to   comptroller 267 

Clouds  on  title,  bill  to  remove,  wlien  allowed 270 

Commi.ssions  of  awards   for   chanpros   of  f^rade   in  exi.stence   jaiiuarv 

one.  nineteen   hundred  ten,   unalTcctod    bv Subd.  4  267 

Comptroller,  member  of  board  of  revision  of  assessments.  ..... .  .  ^69 

Confirmation  of  assessment,  when  deemed  to  have  taken  place 269 

Confirmation  of  asi=essments  or  awards Subd.  3  269 

Corporation  coun.sel,  member  of  board  of  revision  as'sesainents .  .  .  .  .  .   269 

Covenants   to   repave,   no   release   from Subd    2  20.S 

Deputy  comptroller  may  represent  comptroller .......". "  269 

Directions   to  revise,   correct   or  confirm Subd.  5  269 

Examination    of    witnes.scs '  _      Sub<l.  4  267 

„       J   .     ,      .  Subd.  2  269 

Fraud  in  layinpr  as.sessments   270 

Hearinjj  on    objections   to  assessments Subd.  i  269 

Objootions  to  assessments,  hearing  on !Subd    1  -'09 

President  of   tax   department,   member   of   board   of   revision   assess-  ~ 

monts. 2B9 

Proceedings  to  vacate  or  reduce  assessments,  when  to  be  brouf'ht  '>70 

PropiTty    Ix'iiofited.   assessments   on,    for   cost   of   conducting  "sewace  " 

disposal  works   ^     030 

Reduction  of  assessments 270 

Relief  re  assessments    ............[... 270 

Remedies  re  assessments 270 

Return  of  assessments  or  awards  to  board  of  assessors!' '.  . .  ..SuM.  5  269 

Revision  of  assessments  or  awards i^ulxl    4  269 

Rolls,    assessment. 

Form   of 1 ., . 

In  discretion  of  tax  department 12i 

Of  personal   property    ]2o 

Wliat  to  contain   joq 

Assessment,  when  not  invalid 120 

Of  real  prop.^rty    II9 

What  to  contain   119 

Assessment,  when  not  erroneous 1 19 

When  assessment  may  be  added  to 125 

When  open  to  public  inspection 122 

Suhprrna  duces  tecum Subd.  4  267 

Sul)pa>na.  power  to   [["' Sub^j]  4  267 

Tax  eommissionpr  may  represent  president  of  tax  board 269 

I'nimproved  land,  dam.iges  to Subd.  3  267 

Vacation  of  assessment,  bill  in  equity  for,  when  allowed 270 

^'oid    assessments    270 

When  actions  for  relief  not  to  Iw  maintained Subd.  2  ~66 

^Yl1en  department  may  redne?.  or  coun.sel 124 

Witness.  <'<>iin.iil-orv  Mf f.'iii]:iii,'.>  i.f  <c.,)v,|.j    -^     1    55  267.  269 


Ii4 


ASSESSMENT  FOR  TAXATION.  Sec. 

Applications  to  reduce 123 

Appointment   of    130 

AUTOPSY.     See  "  Health,  Department  of." 

AWARDS   FOR   CHANGES  OF  GRADE.      See  "  Assessments   for   Local 
Improvements.'' 

B. 

BANKS  AND  TRUST  COMPANIES. 

Conditions  on  which  city  moneys  are  deposited 67 

Designated  by  board  of  estimate  for  deposit  of  city  moneys 67 

BELLEVUE  AND  ALLIED   HOSPITALS 258-264 

Accident  cases,  care  of Subd.  3  260 

Ambulance  districts  and  stations Subd.  4  260 

Ambulance  service   in  Manhattan  and  the   Bronx,  except  ambulance 

service  maintained   by   the   health  department Subd.  4  260 

Appointment  of  officers   and  employees  by  board   on  nomination   of 

general    superintendent    Subd.  1  260 

Board  of  trustees  of  Bellevue  and  allied  hosijitals. 

Appointment  and  removal  by  mayor 259 

Composition 259 

Charities  commissioner,  member  ex  officio 259 

Head  of  Bellevue  and  allied  hospitals 51 

Jurisdiction 258 

All  public  hospitals  belonging  to  city  in  boroughs  of  Man- 
hattan  and  the  Bronx,  except  hospitals  un&er  charge  of 

health   department    258 

Powers  and  duties 260-264 

Qualifications  of  members 259 

Term 259 

To  serve  without  pay 259 

Trustees  not  to  be  interested  in  contracts  of  any  kind  with  or 

for  city  hospitals    259 

Contracts    with    Bellevue   Training   School    for    Nurses    for    training 

school   building    263 

Subject  to  board  of  estimate's  approval 263 

Insane,  examination  and  temporary  care  of Subd.  2  260 

Maintenance  of  Training  School  for  Nurses 263 

Medical  boards  of  city  hospitals  continued 264 

Members  to  serve  without  pay  during  good  behavior 264 

Vacancies,  when  filled 264 

Medical  house  officers 264 

Medical  officers    Subd.  1  260 

Nonresidents,  treatment  in  city  hospitals 261 

Persons  taken  ill  in  the  street,  care  of Subd.  3  260 

Removal  of  corpses  from  hospital  by  charities  commissioner 262 

Residents  able  to  pay  for  maintenance,  treatment  in  hospitals 261 

Superintendents Subd.    1  261 

Surgical  house   officers    264 

Transfer  of  patients  to  jurisdiction  of  charities  commissioner 262 

BLACKWELL'S  ISLAND,     See  "Corrections." 

BLIND. 

Budget  provides  for  appropriations  for  relief  and  education  of 

Subd.   13     02 

BOARDS. 

[MomlK-rs  of  all,  appointed  by  mayor Subd.   1     4S 


145 

BONUS.  SEC. 

Assessment  boiid.s,  kinds  of,  enumerated §  84,  Subd.   1  8<i 

Corporate  stock  issued  to  pay  cost  of Subd.  5    ( J)  8G 

Deliiied Subd,   1  86 

Exempt   from  taxation    87 

Form 87 

Interest  on 89 

Period    for   which   issued    92 

Purposes  for  wiiich  issued   92 

Classes  of  obli{^ations,  enumerated    84 

Issued   only   \\  lien   authorized   by   twelve   votes  of   board  of  esti- 
mate      85 

Corporate  stock. 

Defined Subd.  5  86 

Exempt  from   t^.xation    87 

Form   H7,  88 

Payable,    how    88 

Redeemable,  when 88 

Redemption  of,  at  maturity    Subd.   5  86 

Statutes  authorizing  city  to  issue  corporate  stock,  the  purposes 

of  which  are  not  yet  fulfilled,  not  rei)ealed  hereby ...  .Subd.  5  80 
Three  classes  only. 

Class  A:   l^edeeniahie    from    sinking    fund    of    The    City    of 

New  York 84 

Class  B:   Redeemable  from  water  sinking  fund  of  The  City 

of  New  York   84 

Class  C:  Redeemable  from  any  sinking  fund  created  pur- 
suant to  Rapid  Transit  Act,  L.  1891,  chap.  4,  and  amend- 
ments tiiereof 84 

Discharge   of   registered   bonds    91 

Excess  receipts  of  face  value  of  city  obligations  payable  into  general 

fund   for   reduction   of  taxation 85 

Expenses  of   defending  title   to  ollice Subd.   3  96 

Fund   for   street  and   park   openings 93 

Continued    93 

What   to  consist  of    93 

General   fund  bonds. 

Annual  interest  on.  provided  bv  budget Subd.  20  62 

Defined Subd.  4  86 

Exempt    from    taxation     87 

Form    87 

Issued  to  sinking  fund  for  redemption  of  city  debt 98 

Interest   on   city  obligations    89 

Judgments  against  city,  payment  of   Subd.  4  9(5 

Manner  of  payment  of  interest  on  coupon  Iwnds  when  registered. ...  !•! 

Negotiability  of  coupons   91 

Private  sale  by  comptroller 5*0 

Proposals  for  bonds  or  stock   00 

Awards 90 

Comptroller  to  open  publicly 90 

Forfeiture  of  dejKisits  payable  into  sinking  fund  for  redemption 

of  city  debt ". 90 

Public  advertisement   for  ten  days 90 

Registrv  of  cojifwu   bonds    5*1 

Regisitry  of  obligations  in  finance  department 91 

Transferable  thereafter  onlv  on  books  of  city 91 

Revenue  bonds " 5  84.  Subd.  2  86 

Defnied • • Subd.  2  S6 

Exempt    from   taxation    .....r ,,..j,.., 87 

Form 8< 

Intere>t  <mi 89 

PuriKises    for   wliieh    issued 97 

Sale   witliout    public   advertisement 90 


146 

BONDS  —  Continued.  ^^^-^ 

Sale  by  comptroller   ^0 

Conditions  of  bidding    o'  '-uV  '  '  to 

Special  revenue  bonds   §  84,  Subd.  3  86 

Defined Subd.  3  80 

Exempt  from   taxation    ^7 

Form 87 

Interest  on °^ 

Purposes  for  wliich  issued 9o 

Eedenxption  of  special  revenue  bonds  during  preceding  year  pro- 
vided for  in  budget   Subd.  21  62 

Sale   without   public   advertisement ' 90 

Street  improvement  fund  bonds  defined Subd.  1-b  86 

Street  and  park  opening  assessment  bonds  defined Subd.  1-a  91 

Transfer   of  bonds    91 


BOROUGHS. 

Boundaries  of  borougbs    15 

Commissioners   to  supervise   removal  of  electrical   conductors   under- 
ground, etc Subd.  20  64 

President. 

Devotion  of  entire  time  to  business  and  duties  of  the  board 55 

Election  of 53 

Member  of  board  of  estimate 52 

Number  of  votes  52 

Qualifications 53 

Removal  of 23 

Salary Subd.  2  53 

Special  duties  assigned  to   55 

Term 53 

Vacancy,  how  filled   Subd.  1  53 

BRIDGES    (Department  of). 

Board  of  estimate  to  prescribe  tolls  and  prudential  regulations 235 

Bridge   commissioner   head  of  bridge   department 51 

Bridges    and    tunnels    under    jurisdiction    of    department    declared 

public   highways   235 

Construction,  w'hen  initiated  by  local  boards 273 

Exceptions Subd,  3  234 

Foot-paths,  free  of  tolls 235 

Maintenance Subd.  21,  224 

Subd.  3  234 

Management,  repair  and   alteration  of Subd.  3  234 

Crossing  navigable  streams Subd.  24  224 

Subd.  2  234 

Design  of  bridges  to  be  approved  by  art  commission 296 

Railroads    on   bridges,    operation    of Subd.  5  234 

BROOKLYN  INSTITUTE  OF  ARTS  AND  SCIENCES 292 

BUDGET. 

Appropriations  for  departments,  etc Subd.  2,   §§   13,  62 

Blind,   appropriations   for    

Certification  of,  by  mayor,  comptroller  and  city  clerk Subd.   1  61 

Consideration     of,    by     council     not     to     continue     beyond     twentv 

days.  ,  ,  _ .' Subd.  5  60 

Deficiency  in  revenues  of  any  sinking  fund  for  payment  of  interest  on 

bonds  and  stock  redeemable  therefrom ." 82 

Departmental   estimate??  to  be  submitted Subd.  2  60 

Duplicate  departmental  estimates  to  be  sent  to  council Subd.  2  6(1 

Duties  of  council  re 41 

Emergency  appropriation 62 


147 

BUDGET  —  (  oiilinued.  Sec. 

E3timat«*d   receipts   of  ilepartments,  etc Subd.  2  GO 

Filing   in    comptroller's    olliee Subd.  1  81 

J-'iu;il  aiiiiption  of Subd.   1  61 

Prior   to   December  2.5tli  annually Subd.  1  01 

General  fund  for  roduotion  of  taxation,  receipts  of Subd.  3  60 

Hearings  on Subd.  4  (»U 

Improvements,  reduction  by  council  of  budget  for Subd.  5  60 

IiRTeasps  by  council   forbidden Subd.  5  60 

Jncluiics  .sum   sulliiiont  to  pivy  claims  for  awards  and  costs  remain- 
ing  due  in  condemnation   proceedings  made   and  confirmed   before 

a    day   certain    73 

Items  to  lie  provided   for  enumerated Subds.   1-22  62 

Items  wliich  may  be  reduced  or  rejected  by  coumil Subd.  o  60 

Publication    in   t'ity    Rcvcord,    whfm *. Subd.  5  60 

Final  publication  in  City   Kecord Subd.   1  60 

Eeduction   by   council     Subd.  .^  60 

Rejection   by  council    Subd.  5  60 

Revenues,  sources  and  estimated  receipts  to  be  shown  in.... Subd.  3  60 

Salaries,  reduction  by  council Subd.  5  60 

Sinking    fund,    receipts  of Sutni.  3  (U) 

Sources  of  revenues  to  be  sliown  in Subd.  3  60 

.Special  meeting  of  council  to  consider Subd.  5  60 

Supplies,    reduction    by   council Subd.  5  60 

Taxpayers'    hearing  on    Subd.  4  60 

Transmission   to   council Subd.  4  UO 

Tiiree-fourths'  vote  of  council   necessary   to  override  mayor's  veto  of 

reduction  or  rejection  by  council Subd.  5  60 

Variation    by   council    forbidden Subd.  5  00 

When  to  be  'made   Subd.   1  00 

When  deemed  adopted  as  tran.smitted Subd.  .5  60 

BUILDING  DEPARTMENT 230-242 

Api)eal   from   decision  of  superintendent  of  buildings 241 

Final    decision,   when   reached 241 

Wiien   to  l;e   t^iken    241 

Board  of  appeal. 

Appointment 241 

Clerk,   appointment,  salary,  removal    241 

ComiK)sition 241 

Fees,   manner  of   payment    241 

Presiding  ofl'icer   designated   by  mayor 241 

Chief  inspector  of   buildings ". " Subd.  3  238 

Qualifications Sub.l.  .'l  23S 

When  to  act  as  suptMintend<'nt .  .  .                                         .  .  .Subd.  3  238 

Commissioner. 

Appointment Subd.  1  4S 

Head  of  building  dei>{ir(m°:.(                          51 

Juri.sdirtion <ubds.   1,  2.  3.  5.  6  234 

Exceptions Subd.    19  224 

Subds.  2,  3.  6  234 

Limitation  mi   power   to  issue  peniui'                           236 

Powers,  PTiumerated --ubds.    1.  .3  2.1S 

2«»,  240 

Qunliiications    '-•'^6 

V-.riation    of    ordiiiaiKvs   by   commissioner -40 

Conversion    into    tenement -house    -30 

DiMUitv  commissioner,  powers    -^^ 

Fnlrv'of   ^^^ 

Between   sun<>et  and   sunrise,  written  order  necessary  230 
Expense   incurred    in   condemning   unsafe   building's,   met   by   sperinl 

revenue  bonds Subd.   1  06 


148 

BUILDING  DEPARTMENT  — Continued.  Sec. 

Expense  of  making  buildings  safe,  recoverable  at  law  and  a  preferred 

lien  on  land Subd.   1  238 

Hearing  on  petition  for  modification  of  ordinances 240 

Inspection   of   239 

Inspectors,  powers 239 

Materials 241 

Mode  of   construction    241 

Otlicers  and  employees  not  to  be  engaged  in  certain  businesses 242 

Ordinances   re    240 

May  be  varied  by  commissioner    240 

Permits  for 236 

Petition    by    owner   for    modification   of   ordinances   must   set    forth 

grounds 240 

Reconstruction,  order  for Subd.   1  238 

Records   to   be   kept  of    petition   for   modification   of   ordinance   and 

decision   by    commissioner    thereon    240 

Rejection  of   plans   by   superintendent  of   buildings 241 

Removal  of  buildings,  order  for Subd.  1  238 

Repair  of  buildings  by  health  department Subd.  12  158 

Shoring  of 239 

Superintendent  of  buildings  under  control  of  commissioner 237 

Qualifications Subd.  2  238 

Tenement-house  commissioner,  certificate  of    236 

Unsafe  buildings    Subd.  1,  238 

Vacation  of  unsanitary  buildings    158 

BUREAUS. 

Board   of  estimate   and   apportionment    57 

Building  department   237 

City  treasury 112 

Executive 50 

Finance 110 

Fire 177 

Health 160 

Law 137 

Police 145 

Street  control   228 

Tenement   house    department    245,  240 

C. 
CESTUI  QUE  TRUST.     See  "  Property  of  the  City." 

CHAMBERLAIN. 

Bond Ill 

Custodian  of   all   moneys Ill 

Duties  prescribed  by  general  laws. .  .-■-,.. Ill 

Fees  of  city  and  county  ofiicers  to  be  pal-^  .to 26 

Head  of  city  treasury 51 

Notified  by  board  of  estimate  in  what  banks  ancl  trust  companies  to 

deposit  city  moneys   67 

CHARITIES,  DEPART]V£ENT  OF. 

Abandonment   proceedings,   general   powers Subd.  21  250 

Almshouses 252 

Ambulance  districts    Subd.  17  250 

Ambulance  service,  control  over,  in  Brooklyn,  Queens  and  Richmond 

Subd.  17  250 

Except  ambulance  service  by  health  department Subd.  17  250 

Ambulance  stations   Subd.  17  2r>0 

Bastardy   proceedings,   general   powers Subd.  20  25C 

I        ,,      !  '      !    '    I 


149 

CHARITIES,   DKPAirniKNT   OF  —  ("ontinuf.l.  Sac. 

Care  of   patients  transferred   by  board   of   trustees   of   Bellevue   and 

allied  hospitals 262 

Classification  of  inmates  of  charitiible  institutions Subd.  7  250 

Commissioner. 

Appointment Sub  1.   1     48 

Duties 230,  253 

Head  of  charities  department 61 

Jurisdiction 250,  251,  252 

Over  premises  on  Blackwell's  island  upon  cessation  of  cor- 
rection  comniissionsr's  control   thereof 257 

Overseer  of  the  citv  poor 250 

Powers ." 250,  253 

Prohibition   on   powers    Subd.  4  250 

Qualifications 22 

Compulsory    maintenance   of    p<Jor    persons    by    their    grandiwront-', 

parents,  children " Subd.  Id  250 

Constructing  new  buildings  required  by  the  charities  department... 

Subd.  14  250 

Control   of  city   hos'pitals,   almshouses,  etc 252 

Exceptions:      Certain   premises  on   Ward's   Island  for  a  certain 

term  of  years 252 

Suc-li  institutions  as  are  hereby  placed  under  the  control  of 

some  other  department •.■••.••    -''- 

Disposition    of   articles    produced   bv    laborers    in    charitable   institu- 
tions  ". Subd.  8  250 

Distribution  of  appropriations  among  indigent  adult  blind.. Subd.   1(5  2.10 

Emplo\Tiu'nt  of   inmates  of  department  institutions Subd.  8  250 

Hours    of    labor     Sub.1.  3  2.iO 

Punishment   for  refu&il   to   work Sub<l.  8  2.')0 

Enforcement    of    poor    law Sulxl.   V  250 

Establishment  of  bureaus   in  the  several  boroughs Sulxl.  2  250 

Framing  of  rules  for  government  of  city  institutions Subd.  3  2.i0 

Indenturing,  discharging  or  transferring  children  in  his  custody.... 

Subd.  12  250 
Infants  placed  as  public  charges  in  charitable  institutions.  .  .Subd.   11  2->0 
Such  institutions  must  compiv  with  rules  of  the  State  Board  of 

Charities ' Subd.   1 1   2.iO 

Inspection  of  institutions,  charitable,  eleemosNTiary  or  reformatorj' .  .   253 

"  Institution  "   defined .* 254 

Investigation   of   inmates   of   charitable   institutions   ami    their    rel;i- 

tives Subd.  G  250 

Morgues    not    under    health    department    and    board    of    trustej-s    of 

Rellevue    and    Allied    Hospit  ils Siibd.   15  2."iO 

Outdoor  relief  to  lie  dispenst^l  only  to  the  blind Sub<l.  4  250 

Payment  of  moneys  to  institutions 253 

Conditions  of   paj-monts    253 

When   comi>ensation    to    cease 253 

"  Poor    person  "    defined    254 

provided   for   Sub<l.  5  2-10 

Potter's  fields Subd.  15  260 

on  Hart's   Ishiml  to  remain  under  department  of  correction.... 

SuNl.   1.1  2.10 

Prosecution  of  vagrants  in  magistrate's  court Subd.  5  2.50 

Public   buildings,    repair   of    .  ." Subd.  14  250 

Reception,  exaniincition  and   care  of  alleged  lunatics  in   Imroughs  of 

Brooklyn.   Queens   and    Richmond Subd.   13  250 

Removal  of  corjises  from  city  hospitals 202 

Of  penal  institutions  on  Blackwell's  Island  to  Rikcr's  Island  or 

Hart's  Isl:ind 257 

Of  persons   likely   to  l>econie  city  charges Subd.  4  254 

Schools   in   charitable   institutions.  .  ." Subd.  P  2.iO 

Training  schools  for  nurses  for  charitable  hospitils     Subd.  10  J.iO 


160 

CHARITIES,   DEPAR^rMENT   OF  —  Contiinied.  Sbc.  , 
Temporary  care  in  public  hospitals  of  persons  injured  or  taken  ill  in 

the  streets 251 

Ti-eatnient  of  nonresidents  in  charitable  institutions  on  payment  for 

bo;\rd   and  aittendance _ 251 

Nonresidents  not  to  be  received  to  exclusion  of  residents 251 

Treatment    in    diaritable   institutions    of    residents    able   to    pay    in 

AVhole  or  in  part  for  care,  etc 251 

Vagrauts. 

Investigation  into  circumstances  of Subd.  5  250 

Prosecution   before   magistrate    Subd.  5  250 

Provision  for  vagrants  and  care  of  indigent  persons.  ..  .Subd.  5  250 

Temporary  care    of    Subd.  5  250 

CHANGE  OF  GRADE.     See  "Assessments   for  Local  Improvements." 

CHIEFS  OF  BUREAUS. 

Accounts Subd.  2  110 

Audit   Snbd.   1  110 

City  treasury   Subd.  1  112 

Claims Subd.  4  57 

Combustibles Subd.  2  177 

Disbursements Subd.  3  110 

Fire Subd.  1  177 

Fire  marshals Subd.  3  177 

Franchises Subd.  2  57 

Gas   and   electricity    Subd.  4  228 

Highways   bureau   Subd.  2  228 

Incumbrances    bureau    Subd.  5  228 

Licenses     1 12 

Public  buildings    Subd.  5  228 

Public  improvements    Subd.  1  57 

Real  estate Subd.  3  57 

Revenue Subd.  2  112 

ReAvards Subd.  4  1 10 

Salaries Subd.  5  57 

Sewers  bureau   Subd.  3  228 

Statistics  and   publicity    Subd.  6  57 

Street  cleaning  bureau    Subd.  1  223 

Supplies  Subd.  7  57 

CITY  CLERK. 

Appointment    36 

Certification   of   budget   by Subd.  1  61 

CITY  COURT.     See  "Inferior  Local  Courts." 

CITY  ENGINEER  Subd.  1  57 

CITY  MAGISTRATES.     See  "Criminal  Courts." 

CITY^  OF  NEW  YORK.  , 
Confirmation   of   city's  obligation  re   debts   of   its   component  parts/ 

previously  independent  municipal   corporations    4 

Confirmation  of  grants  of  land  under  water   9 

Continuation  of  city  as  a  municipal  corporation   1 

Grants  of  lands  under  water  confirmed 9 

Litigate,  power  to Subd.  4  2 

Tyocai  administration,  powers  of,  to  be  exercised  by  the  council 3 

J.iimitation    upon    '. 3 


151 

CITY  OF  NI':\V   YORK  — Continued.  Sec. 

Powers. 

<ji'neial   Subd.  5       2 

implied Subd.  5       2 

Incidejital   S«bd.  5       2 

Title  of  city  to  water-front  property,  pari<«  and  streets  inalienable.  .        0 

CITY'   PENITENTIARY.     See   "Corrections." 

CITY  RECORD. 

Budget  provides  for  cost  of  publishing Subd.   12     62 

CITY  TREASURY. 

Bureaus. 

City  treasury 112 

Revenue 112 

Chamberlain. 

Bond Ill 

CustcKiian  of  all  moneys 1  1 1  _  114 

Duties  prescribed  by  general  laws 114 

Fees  of  city  and  county  officers  to  be  paid  to 26 

Head  of  city  trea'sury 51 

Treasurer  of  the  city  and  counties  included Ill,  113 

Warrants  paid  by   1 1 1 

Code  of  Civil  Procedure,  what  sections  applicable  to 113 

Licenses 112 

Chief  of  bureau  of  licenses 112 

Receiver  of  taxes  and  revenues Subd.  2  112 

CIVIL  SERVICE  LAW. 

Appointments  of  all  persons  in  the  public  service  of  the  city  to  be 

made  in  accordance  with  the  provisions  of  282 

Status  of  persons  in  public  ser\'ice  of  city,  how  changed 282 

CLAIMS. 

Examinations  of,  by  board  of  estimate Subil.  1  66 

Examination  of  witnesses   Subd.   1  66 

Pajnnent  of Sub<i.   1  66 

By  special  revenue  bonds Subd.  6  96 

What  claims  not  to  be  paid Subd.  1  66 

COLLEGE  OF  THE  CITY  OF  NEW  YORK. 

Existing  statutes  relating  to  the  Free  Academy  dciLireJ  uiiiiliiable 

to  City  College    200 

Continued  as  a  body  corporate 199 

COMMISSIONERS  OF  DEEDS. 

Appointment  of  42 

COMMISSIONERS  OF  THE   I^\ND   OFFICE.     See   "Land   Office." 

COMMISSIONS. 

Members  of  all,  appointed  by  mayor ...  .Sulxl.   1     48 

COMPTROLLER. 
Duties. 

Awards   anil   co<?ts    in    condemnation    prcx^edings,   to   furni»h    to 

board  of  estimate  st-atement  of  amounts  of 73 

Bal.Tiu'e  in  city  treasury   to  credit  of  a.«sessment  fund,  to  make 

statt^ment  of.  to  board  of  estimate  mnd  apportionment 73 

Certification   of  budget  by   Subd.   1     61 


152 

COMPTROLLER  —  Continued. 

Duties  —  Continued.  ®^*^- 

Certification  of,  to  council  of  aggregate  amount  fixed  in  budget 

to  be  raised  by  taxation    Subd.  2  01 

Submission   to  council   of   estimate   of  receipts  and   revenues   of 

general  fund  for   reduction  of  taxation Subd.  2  01 

Written  approval  of  contracts  with  private  water  companies.  .  .  . 

Subd.  15  04 

iread  of  finance  department  51 

Member  of  board  of  estimate 52 

Board  of  revision  of  assessments 210 

Number   of  votes    <^2 

Qualifications 22,  25 

Removal  of -^ 

CONDEMNATION  PROCEEDINGS. 

Authority  for  276 

All  reports  in  proceedings  confirmed  with  amount  of  awards  and  costs 

to  be  furnii*hed  by  corporation  counsel  to  board  of  estimate 7.3 

Practice  in .' 278 

Publication  of   cost   of    acquiring   title   to    real    estate    by  board    of 

estimate Subd.  4     72 

Of  unpaid  awards  in  condemnation  proceedings Subd.  5     72 

CONTAGION.     See  "Health,  Department  of." 

CONTRACTS. 

City's  contractual  ipower Subd.  4  2 

Conformity  with  standard   of  supplies  required  in   all  contracts  for 

supplies OS 

Employees  not  to  be  interested  in  city  contracts 18 

Forfeited  when  city  officers  interested  in  them IS 

Officers  not  to  be  interested  in  city  contraicts 18 

Not    to   be    stockholders   of    any  loorporations    contracting    with 

city 18 

Performance  of  unexecuted   L'l 

Terms  of,  not  to  \ye  altered  by  coaincil 40 

Unexecuted   contracts,   ]>erformance  of 13 

Uniformity  in  terms,  conditions  and  specifications  of.  required 68 

CORONER.     See  "Health,  Department  of." 

Office  of,  abolished Subd.  1  160 

CORPORATION  COUNSEL.     See  also  "  Law  Department." 

To  certify  in   writing  city  interests  in   real  estate  which  are  mere 

clouds  on  title Subd.  5     04 

To  furnish  board  of  estimate  with 

(1.)    Amount  of  awards  and  costs  taxed  in  each  proceeding.  ...      73 
(2.)   List  of  reports  in  condemnation  proceedings 73 

CORPORATE  NAME 2 

CORPORATE  POWERS 2 

CX3RP0RATE  STOCK.     See  "  Bonds." 

CORRECTION,  DEPARTMENT  OF. 

Commissioner. 

Head  of  Department  of  Correction 51 

.Jurisdiction 255 

Blackweli's  Island,  in   part 257 

Control  over  buildings  on  Blackweli's  Island,  when  to  cease....  257 

City   prisrms  and  correctional  institutions Subd.    1  2."5 


153 

CORRKCTIOX.  DEPARTMENT  OF  —  Continued.  Sec. 

Custody   of   prisoners   lawfully   committed   to   institutions   under  his 

control ' Subd.  2  255 

County  jails  of  Queens  and   Rii«limon<l Subd.   1   i'lS 

Hart's  island 257 

Ludlow  street  jail   Subd.   1  255 

New  York  County  penitentiary  on  Blackwell's  island,  abolished 256 

New  York  City  penitentiarj-,  on  Rikers  island 256 

Persons  arrested  or  detained   by  order  of  a   court  or  judge   in  civil 

actions 255 

Riker's  island 257 

Rikers  island  prison  to  be  known  as  New  York  County  penitentiary.  256 
Transfer  of  prisoners  from  county  penitentiary'  to  city  penitentiary..   256 

CORRECTIONAL  INSTITUTIONS.     See  also  "  Correction.  Dei)t.  of." 

Budget  provides  for Sulxl.   13     B2 

COUNCIL. 

Ayes  and  noes  to  be  recorded  on  final  passage 3.1 

Budget,  duties  and  powers  re Subd.  5  tiO 

Clerk,  appointed  by 36 

Commissioners  of  deeds,  appointed  by 42 

Composition  of 30 

Councilmen. 

Election   32 

Number  of 30 

Qualifications 32 

Service  without  pay  38 

Term 32 

Vacancies 32 

How  filled 32 

Determination  of  amount  to  be  raised  by  ta.vation Subd.  3  61 

Districts. 

Boundaries 31 

Number   .   SuM.   1  31 

Reapportionment  of    31 

Territory    31 

Journal 33 

Judge  of  returns  and  qualifications  of  member.** 32 

Legislative  ax-ts  to  be  by  ordinances 36 

I^egi.slative  powers  vested  in  council ...  J? 
ileetings. 

Annual  meeting  to  determine  rate  of  taxation Suhds.  2,  .1  61 

First  meeting 30 

Special    meeting    to  consider    budget Subd.  5  60 

One  house,  to  con.si.-*t  of 27 

Ordinances, 

Amendment  of 3(» 

Application   to  l>e  general .  36 

Approved  by  mayor    37 

Conditions    prece<lent    to    jr.i.ssape 36 

Majority  vote  necessary    36 

Power  of  council  with  respect  to S4 

Special  ordinances,  when  permitted 36 

Style  of 36 

Powers. 

Re  administrative  oo<le S.*? 

All  powers  of  local  administration,  except  as  herein  provided...  3 

Limitation  upon 3 

Prescription  of  duties  of  ofiicers  and  omidinee-i  appointed  by  it 37 


154 


COUNCIL  —  Continued.  Sec.  , 

President  of  council, 

Eligibility 28 

Mannar  of  election   28 

Presiding  officer  in  meetings 28 

Removal  of 23 

Salary 28 

Term 28 

Vacancy,  how  filled 29 

Voice  and  vote  in  meetings 28 

When  to  act  as  mayor 46 

Limitation  of  powers   46 

When  to  have  no  vote 32 

Prohibitions  upon   40 

Not  to  alter  terms  of  contracts 40 

Not  to  audit  claims  against  city 40 

Quorum. 

Power  of  smaller  number  than  quoinim ,'53 

Rules  of  its  proceedings 33 

Sergeant-at-arms  and  assistants  appointed  by 35 

Special  committees  to  investigate  city  government. 

Appointment  by  council    43 

Powers  of   43 

Tax   levy,   duties   re 41 

Vice-chairman. 

When  to  act  as  president 30 

COURTS.    See  also  "  Inferior  Local  Courts." 
Expenses  relating  to. 

Calendars  of  state  courts  of  record  in  city,  cost  of  publishing 
provided  for  in  budget Subd.  8     62 

Administration  of  justices  provided  for  in  budget.  .  .  .  Siibds.  6,  7     62 

Law  journal,  designated  by  appellate  division  in  first  depart- 
ment, cost  of  publishing  provided  for  in  budget Subd.  8     62 

Law  libraries  of  apellate  division  in  first  department,  supreme 
court  in  first  judicial  district  and  in  the  borough  of  Brooklyn, 
cost  of  maintaining  provided  for  in  budget Subd.  9     62 

COUNTY. 

Charges  and  expenses  kept  separate  from  city  accounts Subd.  6     96 

Expenses  chargeable  to  counties   as  distinguished  from  city  charges 

provided  for  in  budget Subd.  4     62 

Payment     of     lawful     charges,     etc.,     against,     by     special     revenue 

bonds Subd.  6     96 

COUNTY  CLERKS. 

Vested  with  civil  functions  of  coroners 166 

COUNTY  JAIL  OH  SHERIFF'S  PRISON 255 

COUNTY  PENITENTIARY.     See  "  Corrections." 

CUSTODIAN  OF  PUBLIC   BUILDINGS Subd.  5  22S 

D. 

DAMAGES  FOR  CHANGE   OF  GRADE.      See   "Assessments   for  Local 
Improvement." 

DANGEROUS  THIN'GS. 

Destruction  of  putrid  cargoes  by  health  department Subd.   11   15S 


DEAF  AND  DUMB.  Set 

Budget   provides  for  relief  of Subd.   13  &2 

DEBT,  CITY. 

Budjjet  provides  for: 

Annual    interest   on    Subd.   17  62 

Annual  quotii  for  redemption  of  city  debt,  indudint,'  installments 

payable  during  ensuing  budgetary  year Subd.   18  62 

DEFINITIONS. 

Administrative  code ...  Subd.  9  5 

Assessment ...    265 

Board 52,  105 

Bulkhead  line    Bubd.  1  207 

City Subd.  1  5 

Commissioner 105 

Councilman Subd,  5  5 

Department    105 

Employee Subd.  4  5 

Francliise Subd.  6  5 

Institution 254 

Lodging  house    1 72 

Marginal    wharf    Subd.  2  207 

Nuisance Subd.  2  249 

Officer   Subd.  3  n 

Permanent  bulkhead  or  wharf Subd.  3  207 

Person Subd.  3  5 

Poor  person    254 

Port  of  New  York   Subd.  8  5 

Real   property    281 

Schools 185 

Street Subd.  7  5 

Tenement   house    Subd.    1  249 

Water-front  property   Subd.  10  6 

Works  of  art    ! 295 

DEPARTMENTS 

Administrative,  See  Branches  of lO:* 

Controversies  between  departments  over  jurisdiction  or  powers.... 

Subd.  17  64 

Expenditures,  regulation  of,  so  as  not  to  exceed  appropriation 20 

Heads  of,  all   appointed  by  mayor 48 

Provision    in   budget   for   cost   of   equipment,   repairs,   renewals   and 

supplies  required  for  administration  and  maintenance  of.. Subd.   1  62 

Rent  of  buildings  or  offices  for,  provided  for Subd.  2  62 

DISEASE.     See  "  Health  Department  "  1.58 

DOCKS  AND  F1:RR1KS.  DEPARTMENT  OF 20-2-207 

Acquisition  of  waterfront  and   ferry  property Subd.  10  202 

Board  of  estimate  and   apportionment      203,  205,  206 

Bulkhead  lines,  defined    Subd,  1  207 

Commissioner : 

Hea<l   of   department    Subd.  9  51 

Jurisdiction 202 

Over  water-front   property SuTmI.  1  20i 

Regulation  of  Subd.  7  202 

Ferries  and  ferrv  property  owned  bv  city Subd.  9  202 

Powers ' 202-206 

Construction  of  wharf  property Subd.  5  202 

Deficiency  in  ojxration  and  maintenance  of  ferries,  payable  by  spe- 
cial revenue  bonds   Subd.  7  96 


156 

DOCKS  AND  FERRIKS,  ]:) APARTMENT  OF  —  Continued.  Sec. 

Definitions c  V,  "  -  "Jli? 

Distances  between  piers MUxi.  .i  .ii— 

Ferries  and  ferry  proi)erty Subd.  9  202 

Acquisition  of Subd.  10  202 

Leases -""^ 

Term 204 

Maintenance    204 

Operation -04 

Fire  department,  wharfs  for 206 

Leases  of  ferries  and  wlnarf  property 204 

]Marginal   wharf,   defined   Subd.  2  207 

Permanent  bulMiead  or  wharf  defined Subd.  3  207 

Pier  head  line Subd.  3  202 

Plans  for  water  front Subd.  7  202 

Powers  of  commissioner,  which  subject  to  aptproval  of  board  of  esti- 
mate acting  as  sinking  fund  commissioners 200 

Regulation  of, 

Vessels   20G 

Water  front  ])roperty  not  owned  by  city Subd.  6  20'fi 

Soundings ." Subd.  4  202 

Surveys   Subd.  4  202 

Vessels 

regulation   of   20G 

Water  front  property 

Acquisition  of Subd.  10  202 

Lease  of 204 

Term 204 

Wliarfs  designated  by  commissioner 203 

For  use  of. 

Oanal  boats 203 

City    departments    203 

Floating  baths 203 

General  wharfage  purposes 203 

Markets   203 

Recreation   piers   203 

Tramip   vessels   203 

Uses  specified  by  board  of  estimate 203 

EDUCATION,  DEPARTMENT  OF. 

Abolition  of  Board  of  Education  as  at  present  existing ^^■^ 

Abolition  of  position   1 95 

Administrative  officers Subd.l  190 

How   appointed  and   removed 190,  191 

Trial  on  charges 191 

Appointment  of  employees  to  assist  supervising  staff Subd.  2  190 

Appointment  of  local  school  boards 197 

Appointment  of  supervising  officers Subd.  2  190 

Approval  of   text   books,   apparatus   and   school   supplies.  ..  .Subd.  8  192 

Assistant  city  superintendent Subd.  2,   190,  193 

Assistant  directors  of  special  branches Subd.  2  190 

Assistant  supervisor  of  lectures Subd.  2  190 

Auditor Subd.  1  190 

Board  re-constituted  by  this  act 

Appointment,  find  removal  by  mayor 188 

Appointment ' 188 

Time  of  aip^pointment ]  88 

Composition.   1  o  members 188 

Head  of  Department  of  Education 51 

Jurisdiction 

Entire  city  seiliool  system 185 


157 

EDLC'ATIUN,  J)i:i'Ai:i  .MKNT  UF  —  Continued.  Sk..j. 
Board   recunsLiiutt-d   hy  tiii'i  act  —  t  uiuiimfd. 
Members. 

LJasries  of    j«j,.j 

yualilicaliuiis    ol     lay 

iService    without   pay    Isy 

Succfbsor    to   powers,    etc.,   of    abolislied    boar. I Ijjj 

'^'^'"•' J88 

\  acaacieei,  how  hlled    Iby 

><ot    to    be   a  corporation 1  jj,-, 

I'ower.s   eiiuuierateii    ly^ 

Prohibitions  upon   board. 

>io   book   written   by   a   member,  ollieer   or  employee  of   the 

board  to  U;  used  in  schools  except  on  approval  of  board..  1U2 

Board    of    suiierintendents jyj 

Composition j  y j 

Duties  of 1  jt.{ 

By-Laws    now    in    icjrce    continued    until    amendment    by    new    board 

Subd.  lu  l[)> 

Changing   grades    of   classes Subd.  3  H)^ 

Chief  clerk    Subd.  1  lUO 

City  suixirinlentlent «ubd.  2,   190,  193 

Loliege  ui   i'lic  L  ity  of  New  York,  continued  as  a  body  corporate.  .  .  .  I'J'J 
All  existing  statutes  relating  to  the  Free  Academy  declared  ap- 

l)licable    to    Lity    College 200 

Competitive  examination   for  all  teachers,  etc I'Jo 

Consolidation  of  schools   Subd.  2  192 

Construction,    repair,    alteration    and    maintenance    of   school    build- 

j"g=i    SuUI.  4  192 

Director  of   school   buildings,   to   be   an   architect   of  experience   and 

standing    SuUl.   1  190 

Directors    of    special    bninches Subd.  2  190 

Dicontinuance  of  scliuois Subd.  2  192 

District   superintendents    SuUl.  2  190 

Fducational   property   under   control  of  department   for  purposes   of 

public  eilucation  and  rec-ords.  and  for  otiier  public  and  social  uses.  187 

Eligible  list,  who  to  be  on  preferred lyj 

Employees  to  assist  administrative  ollicers Subd.   1  J90 

flow  ai»i)uinted    Subd.   1  190 

Employees  to  assist  supervising  staff. 

How  appointed Subd.  2  1 90 

Enactment  of    by-laws,  etc.,    re    transaction    of    all    d.iparlment   busi- 

"t'ss Subd.   10  192 

Establisliment  of  playgrounds. 

Soliools  and  classes Subd.   1  192 

Farms Subd.  7  192 

Examiners    Subd.  2,   190,  194 

Holy  Scriptures,  not  to  be  excluded  from  schools lys 

l>ocal  school  boards. 

Alteration    of   school    board    districts    to    conform    with   council 

districts jyj 

Appointment,  term,  functions,  etc.,  prescribed   in  .Administrative 

<^ode lyy 

Maintenance   of   free   lectures,   etc Subd.  5  192 

Modilication  of  courses  of  study Subd.  :J  192 

Playgrounds Subd.   12  64 

Subd.  7  192 

Preferred  eligible   list,  wiio  to  be  on 195 

Present    board    al><ilis!i»>d     jg^ 

City  to  be  substituted   for  board  of  education   in   actions  pend- 
ing by  or  against  said  board 184 

Rights  and  powers  devolved  ujxjn  board  as  herein  ronstituted.  .  18.1 

Terms  of  members  to  cease  February  I,  1910 ]S4 


158 

EDUCATION,  DEPARTMENT  OF  —  Continued.  Sec. 

Promotion  of  welfare  of  school  system Subd.  10  192 

Provision  of  special  day  or  evening  classes  to  instruct  foreigners  in 

the  English   language    Subd.  6  192 

Recommendation  to  board  of  estimate  of  the  renting  of   additional 

property   for   schools    Subd.  9   192 

Regulation  of  disbursement  of  school  funds Subd.   10  192 

Schools    (means  "  public  schools  ") 185 

Free  to  residents  between  4  and  21  years  of  age 180 

School  farms    Subd.   12     64 

Subd.  7  192 

School  moneys,  distribution  to  sectarian  schools  forbidden 198 

School  system,  to  mean  public  school  system 185 

Exceptions:  Children  under  six  years  eligible   only   to   kinder- 
garten classes 180 

Regulation  of,  prescribed  by  the  board 186 

Secretary  of  department   Subd.   1   190 

Social  uses  of  school  property 187 

Superintendent  of  libraries    Subd.  2   190 

Supervisor  of  lectures    Subd.  2   190 

Supervisors  of  janitors   Subd.  1   190 

Supervising   staff    Subd.  2   190 

Eligibility Subd.  2  190 

How  appointed  and  removed    190,  191 

Trial  on  charges   191 

Supervisor  of   supplies    Subd.  1  190 

Teaching  staff. 

Appointment , 194,  195 

Assistants   to  directors   of   special   branches 194 

Assistants  to  teachers   194 

Directors  of  special   brarches 194 

Heads  of   department    194 

Inspectors 194 

Principals 194 

Promotions,  how  made    195 

Reassignment  to  grades    195 

Removal 195 

Teachers 194 

Tenure 195 

Version   of   Holy   Scriptures   used   in   schools   not   to   be    chosen   by 

board ." ".    198 

Women,  two  members  of  each  board  to  be 197 

E 
ELECTIONS. 

Expenses  of  provided  for  in  budget Subd.  3     62 

ELECTIVE  OFFICERS. 

Removal , 23 

Ineligibility  of  removed  officers 24 

Vacancies,  manner  of  filling 25 

ELECTRICAL  CONDUCTORS. 

Removal  of  underground   Subds.  18,  19  64 

Regulation  of  stringing  of  wires,  etc Subd.  20  64 

Erection  of  poles    Subd.  20  64 

Supervision  by  borough  commissioners. Subd.  20  64 

Board  of  estimate  to  prescribe  rules  re.- Subd.  20-  64 

ELEEMOSYNARY  INSTITUTIONS.         \ 

Budget  provides  for   V^. Subd.   13     62 


159 

ESTIMATE  AND  APrORTION.MENT.  Sec. 

Acts  of  board  to  be  by  a  majority  resolution Subd.  2     54 

Alteration  of  salaries    SU 

Approval  nacessary  to. 

Acquisition  of  real  property  for  public  purposes 276 

New  water  works   Subd.  7  210 

Subd.  3  218 

Assignment  of  special  duties  to  borough  president 55 

Branch  offices  in  any  departments  in  any  borough  established  by 103 

Composition 52 

Contract  between  board  of  trustees  of  Bellevue  and  Allied  Hospitals 

and  Bellevue  Training  School  for  Nurses 2G3 

Consent  of,  to  exercise  of  franchise ^ 

Cumulative  voting    52 

Documents  accompanying  applications  for  purchase  of  real  prof)erty, 

prescribed  by    ^ 2^7 

Duties,  mandatory   65,  67,  08,  71,     72 

Establishment   of   bureaus    57 

Expenditures,  consideration  of  resolutions  relating  to 56 

Franchises,  consent  to  exercise  of 8 

Meetings  of Subd.  1     54 

Number  of  votes  of  each  member 52 

Powers,  enumerated 64-66 

Additional 69-70 

Preparation  of  budget  60 

Presiding  officer Subd.  3     54 

Purchases  of  realty,  manner  of  application  for  prescribed  by  general 

resolution -' ' 

Quorum 52 

Resolutions,  how  passed 52 

Salaries  of  city  officers  and  employees,  fixed  by Subd.   1     5!» 

"  The  Board,"  to  mean  board  of  estimate 52 

Ten  votes,  when  required 56 

Tolls  and  prudential  regulations  for  bridges  prescribed  by 23.i 

Twelve   votes,   when   required Subd.   15.     62,  04,     83 

Votes  necessary  to  pass  measures 52 

When  twelve  votes   required 85 

EXECUTIVE.    See  "  Mayor." 

EXEMPTION. 

Of  street  cleaning  pniplnyops  from  military  and  jury  duty 22f> 

Of  obligations  of  city  from  taxation 87 

F. 

FARMS.     See  "  School  Farms." 

FEES. 

Of  city  and  county  officers  to  be  paid  to  chaml>erlain 26 

FINANCE  DEPARTMENT. 

Bureaus  in H  '^ 

Accounts 110 

Audit 110 

Disbursements HO 

Records 1 10 

Comptroller 106 

Auditor  and  chief  disbursing  officer 108 

Board  of  estimate  and  apportionment,  menilters  to  ca«t  one  vote 

each  in  appointing  comptroller's  successor 107 

Bond l'»'' 


160 

FINANCE  DEPARTMENT  —  Continued. 

Comptroller  — ■  Continued.  Sec. 

Certify  to  the  reasonableness  of  certain  claims  against  the  city. .  109 

Claims  requiring  comptroller's  certificate  before  payment 109 

Election 106 

Prescribe  forms  of  keeping  city  accounts,  subject  to  rules  of  the 

board  of  estimate  and  apportionment 108 

Prohibitions  upon  the  comptroller 109 

Salary 106 

Term 100 

Term  of  appointed  successor 107 

Vacancy,  how  filled   107 

FINE   ARTS    FEDERATION 293 

To  make  nominations  for  art  commission 293 

FIRE  DEPARTMENT. 

Appeals  from  determination  of  second  deputy  commissioner 181 

Board  of  estimate  and  apportionment  to  prescribe  conditions  of  pur- 
chase of  property  of  volunteer  fire  force 173 

Bureaus Subds.  1-3  177 

Bureau  of  combustibles  Subd.  2  177 

Fire  bureau Subd.  1  177 

Fire  marshals'  bureau   Subd.  3  177 

Charges  against  members  of  force 175 

Charges  against  members,  how  finally  determined 181 

Chief  of  fire  department Subd.  1  177 

Combustibles Subd.  2  177 

Sale  of Subd.  2  177 

Storage  of Subd.  2  177 

Commissioner 174 

Powers 174 

Appointment  of  two  deputies 175 

Assignment  of  forces Subd.  1  174 

Destruction  of  buildings  to  prevent  spread  of  fire Subd.  3  174 

Examination  of  structures  containing  combustibles Subd.  5  174 

Extinguishing  fires  on  vessels,  docks,  etc Subd.  6  174 

Grading  of  forces   Subd.  2  174 

Head  of  fire  department 51 

Prevention  of  spread  of  fires Subds.  3-6  174 

Vacancy  in  office  of,  how  filled 175 

Deputy  commissioners. 

Appointment  by  fire  commissioner 175 

Second  deputy  to  be  an  attorney-at-law 175 

Duties:  To  examine,  try  and  decide  charges  against  mem- 
bers of  force   175 

Qualifications 175 

Extension  of,  throughout  the  city  as  soon  as  practicable 173 

Extinguishment  of  fires Subd.  1  177 

Final  decision  of  charges,  how  made 181 

Fire  department  defined Subd.  2  176 

Fire  marshals    Subd!  3  177 

Inspector  of  combustibles  Subd.  2  177 

Jurisdiction  and  general  power 173 

Members  of  department. 

Application  for  retirement    183 

Continued  in  office   Subd.  i  176 

Eligibility j7g 

Exempt  from  military  or  jury  duty,  arrest  on  civil  process  and 

subpoenas  from  civil  courts  while  on  duty 179 

Probationary  service  deemed  service  in  determination  of  eligibil- 
ity for  advancement,  pension,  etc 178 


161 

FIRE    DEPARTMENT  — Continued.  Sec. 

Members   of   depurtnitMit  —  Continued. 

Qualifications 178 

Resignation,  condition  of   Subd.   1  180 

Retirement   ajje,   sixty-five   years 183 

Retirement  of    183 

By  application  of  member 183 

By  order  of  commissioner 183 

Origin  of  lires,  investigation  of Subd.  3  177 

Prevention  of  tires   Subd.   1  177 

Protection  of   property    Subd.   1  177 

Rights   of   force   to   pension   not    impaired   by  commission's   changes 

in   grades    Subd.  3  17G 

Salaries,  subject  to  deductions  for  cause Subd.  2  180 

Telegraj>h  operators,  members  of  fire  force 176 

Trials  of  members  by  deputy  commissioner 181 

Ap[K>al   from  deputy's  decision 181 

Uniformed    force   continued    Subd.  3  176 

Volunteer  fire  departments,  property  of  to  be  acquired 173 

FOOD.     See  "  Health  Department  " 158 

FRANCHISES. 

Consent  by  the  board  of  estimate  and  apportionment  to  exercise  of .  .        8 

Corporate  stock  issued  for  acquisition  of  rights  in  and  to 

Subd.  5  (3)     86 

Definintion 5 

How   granted    " 

Special  franchises  to  be  included  in  sum  deducted  by  board  of  esti- 
mate from  assessed  valuation  of  real  estate  subject  to  taxation 
appearing  on   assessment   rolls Subd.  7     72 

G. 
GENERAL  FUND  BONDS   Subd.  4     SD.     98 

GENERAL  FUND  FOR  THE  REDUCTION  OF  TAXATION. 

Estimated   receipts  and  rcTenues  of,  to  be  deducted   from  aggregate 

amount  tixed  in  budget  to  be  raised  by  taxation Sub<l.  3     61 

What  morK'ys  to  be  paid  into 63 

GRANTS  OF  L.\NDS  UNDER  WATER.  CONFIRMED.  f) 

Riparian   proprietors,   rights   of 10 

H. 
HART'S  ISLAND.     See  "  Corrections." 

HEALTH,  STATE  BOARD  OF. 

May  prescribe  sanitary  regulations  for  reservoir-  2'_0 

HEALTH.  DEPARTMENT  OF. 

Acquisition  of  buildings   fur   tomporarv   hospitals  during  epidemic. 
'  Subd.  4   l.iO 

Adulteration,  enforcement  of  laws  re '•'** 

Alteration   of    sanitarv   code Subd.  9   l.")9 

Bills  of  health  to  masters  of  vessels Subd.  1   l.">9 

Buildings,  repair  of,  by  health  department Subd.  12  158 

Vacation    of    *^^ 

Bureaus 

General    administration 


160 


Postmortem  examinations   ^^ 


162 


HEALTH,  DEP.\ETMEXT  OF  —  Continued.  Sec. 

Bureaus  —  Continued. 

Records 160 

Sanitation 160 

Chief  medical  examiner, 

General  duty,  charge  of  medical  examinations  and  autopsies.  .  .  .    16S 

Described   in    169 

Power  to  appoint  and  remove  medical  examiners  in  the  several 

boroughs  with  approval  of  president  of  board  of  health 168 

City  magistrate. 

When  to  authorize  an  autopsy 170 

When  to  hold  an  inquest 171 

Contagious  diseases. 

Patients  suffering  with,  transferred  to  charities,  etc 163 

Private  treatment  of,  without  permit,  prohibited 163 

Coroner,  office  of,  abolished Subd.  1   166 

Declaration  of  peril  by  board  and  mayor 164 

Delegation,    to    department   of    charities    and    board    of    trustees    of 
Bellevue  and  Allied  Hospitals,  of  duty  to  provide  care  for  persons 

suffering  with  contagious  diseases 163 

Destruction  of  adulterated  food 165 

Destruction  of  diseased  animals 165 

Destruction  of  putrid  cargos  by  health  department Subd.  11  158 

Disease,  ascertainment  of  existence  and  cause  of loS 

Disease,    co-operation    of   health   authorities    to    prevent   the   spread 

of , Subd.  10  158 

Duties  enumerated 158 

Excessive  expenditures  to  have  written  consent  of  two  members  of  the 

board  and  approval  of  the  mayor 164 

Exclusive  control  of  the  medical  examinations  of  autopsies  upon  cor- 
oners' cases 167 

Expenditures  in  excess  of  appropriation,  how  met Subd.  5     96 

Extraordinary  powers  in  case  of  pestilence 164 

Food,  enforcement  of  laws  re  adulterated 158 

Health,  board,  head  of  health  department 51 

Health  officer  of  port,  powers  unaffected  by  this  act 157 

Hospitals. 

Acquisition    of   buildings    for   temporary    hospitals    during    epi- 
demic   Subd.  4  159 

For   treatment   of    contagious,   etc.,    diseases,   under    control   of 

health   department    163 

Life,  enforcement  of  laws  re  preservation  of 158 

Lodging-houses,  defined   172 

Inspection   and   regulation  of   re   light,   ventilation   and   sanita- 
tion   Subd.  7  159 

Jurisdiction 157 

Markets,  public. 

Regulation  of,  by  health  department Subd.   12   158 

Medical  examiners    , 168 

Duties 169 

Qualifications  of 168 

Nuisances  detrimental  to  health,  etc.,  abatement  by  health  depart- 
ment    158 

Payment  of  expenditures  for  prevention  of  danger  from  contagious 

diseases Subd.  5     96 

Permit  necessary  to  other  institutional  care  for  patients  with  con- 
tagious diseases 163 

Pestilence. 

Excessive  expenditures  to  have  WTitten  consent  of  two  members 

of  the  board  and  approval  of  the  mayor 164 

Extraordinary  power  in  case  of 164 

Measures  taken  to  be  approved  by  mayor  in  writing 164 


163 

HEALTH,  DKPARTMKNT  OF  —  Continued.  Sec. 

Powers,  enumerated I59 

Powers  re  tenements  not  impaired  by  this  act Subd.  2  243 

Prevention  of  access  to  infected  districts  of  the  city Subd.  ll  159 

Provision  of  proper  places  for  treatment  of  contagioua  diseases 

-  Subds,  2,  3  159 

Quarantine  commissioner,  powers  of,  unaffected  by  charter l.'»7 

Regulations  re  publicity  of  vital  statistics ." Subd.  6  159 

Removal   of    infected    vessels Subd.  8  159 

Removal  of  persons  sick  with  contagious  diseases Subd.  2  159 

Requisition  of  prescribed  vital  statistics  from  public  institutions 

Subd.   10  150 

Sale  of  improper  articles  in  public  markets,  regulated  by.  .  .  .  Sulxl.   12  15H 

Sanitary  code,  continued  in  force lyi 

Alteration  of '..'...'.'.  Subd.  9  159 

Special  care  and  attention  of  sick  persons J59 

Vacation  of  unsanitary  buildings 158 

Vital  statistics 15g 

Communication  of,  to  state  or  municipal  health  authorities 158 

Compilation  of Subd.  9  158 

Water  supply,  sanitary  supervision  and  protection  of 158 

HEALTH  OFFICER  OF  PORT.      See  "  Health  Department." 

HIGHWAYS,  PUBLIC.     See  "Bridge  Department." 

HOSPITALS.     See  "  Health.  Department  of." 

I. 

DIPROVEMEXTS.  PERMAXEa  T. 

Corporate  stock  issued  to  pjiy  cost  of Subd.   1   Sfi-5 

INDEBTEDNESS,  CITY. 
Statement  of. 

Amount    standing    to    credit    of    trust    account    on    citv    books 

"Subd.  7     72 

As.sossed  valuation  of  city  real  estate  subject  to  taxation,  state- 
ment to  be  annexed 72 

As.sessment  bonds  outstanding  inclu<led  in  statement Subd.   1     72 

Claims  against  city  in  course  of  settlement  not  payable  out  of 
revenue   or   special   rervenue   bonds .*.  .  .  .Subd.  3     72 

Cost  of   acquiring   title   to  real  estat«   in  course   of  condemna- 
tion   Subd.  4     72 

Determination   of    the    amounts   to   be   inserted    in   such    .state- 
ments    Subd.  7     72 

Estimated   expenditure   under   contracts   signed   by   heads  of  de- 
partments,   etc '. Subd.  6     72 

PubiishtHl   quarterly    by    board    of   estimate 72 

Revenue   bonds   outstanding   issued    for    unpaid   taxes  for    prior 
years    Subd.  2     72 

Sum  to  be  deducto<l  from  as.soss<xl  valuation  of  real  estate  subj«vt 
to  taxation  on  last  preco«Iing  assessment  rolls Subd.  7     72 

Unpaid   awards    in  condemnation    proceedings Subd.  5     72 

Wluit  moneys  not   to  bo   included Subd.   7     72 

Taxation    for    payment   of   debts    to   extend   equally   throughout 

city .' Subd.  .T       4 

Limitation  of  this   provision   Subd.  3       4 

INFERIOR  LOCAL  COURTS 28«-291 

Changes  in  places  of  holding  court Subd.  1 1     64 

Civil  courts 280-287 


164 

INFERIOR  LOCAL  COURTS  —  Continued.  Sec. 

City  court,  continued 286 

"  City,"  meaning  of,  in  Code  of  Civil  Procedure 28G 

Justices   286 

Election    286 

Number   286 

Salary   286 

Term 286 

Marshals,  city  continued  in  office 287 

Municipal  court. 

Continuation  of  court,  its  justices  and  all  city  marshals 287 

Justices. 

Additional  salary  for  Queens  ana  Richmond  justices  sitting 

in  Manhattan,  The  Bronx  or  Brooklyn 287 

Salary 287 

Successors   287 

Term  of 287 

Term 287 

Criminal  courts. 

City  magistrates'  courts. 

Continuation  of  in  each  division  of  the  city 289 

City  magistrates   continued    in   office 289 

Appointment  of 48 

Number  of  magistrates 290 

Salary Subd.  2  291 

Term    Subd.  3  291 

Vacancy 48 

General  sessions. 

Changes  in  place  of  holding  court Subd.  11  64 

Where  held,  determined  by  board  of  estimate Subd.  11  64 

Jurisdiction,  inferior  criminal. 

Division  1 :   Manhattan  and  The  Bronx 288 

Division  2 :   Brooklyn,   Queens    and    Richmond 288 

Special  sessions: 

Appointment  of  justices 48 

Court  of,  continued 289 

Justices  of,  continued  in  office 289 

Number  of  justices  in  first  division 290 

Number  of  justices  in  second  division 290 

Salary  of  justices Subd.   1  291 

Tei-m'  of  justices Subd.  3  291 

Vacancy  in  office  of 48 

INQUEST.     See  "Health,  Department  of." 

INQUIRY. 

Commissioners  of 48 

Appointment  of 48 

Powers: 

To  administer  oaths 50 

To  apjwint  two  deputies .50 

To  appoint  subordinates 50 

To  constitute  with  deputies  and  subordinates  bureau  of  ex- 
amination in  mayor's  office 50 

To  investigate  city  departments 50 

To  investigate  manner  of  conducting  the  public  business...  50 

To  subpoena  witnesses 50 

Deputy  commissioners  of. 

Power  to  subpoena  Avitnesses  and  administer  oaths 50 

INTITUTION, 

defined  


254 


165 
J. 

JAILS,  COMMON. 

Designation  of  l.nildinf;s  for  use  as,  by  board  of  estimate.  .SuW.   11     G4 

JUSTICES.     Soe  "Inferior  I^oal  Courts." 

JUVENILE   DELINQUENTS. 

Budget  provides  for ."siilxl.   13     g2 

L. 
LAND  OFFICE. 

Commissioners  of. 

Acts   of,   subject   to   judicial    review..    .  in 

Grants  to  city '    ' ' g 

Grants   to    riparian    proprietors '.'.'.'. ••••••.....     ^^ 

LANDS  UNDER  WATER. 

Future    grants    of ,q 

Grants   of,   confirmed 9 

LAW  DEPART.MKXT.     See   al.so   "  Cori>oration   Counsel." 

Bureaus.   un<lpr  assistant  corj)or-ation  counsel. 

Street   openings    137 

Recovery  of  penalties ....................[[..  137 

Collection   of   arrears   of   personal   taxes 137 

Branch  office  in  borough  of  Brooklvn 13g 

Corporation  Counsel. 

Coun.sel  to  every  city  officer  and  board 132 

G€neral  duties !!!.!!  32-1  ."IS 

To  appear  in  actions  against  city  officers . .~  136 

Head  of   law  department ' . .  51 

City  officers  and  employees  not  to  emj  loy  private  counsel..........  I39 

First   assistant  corporation  counsel. 

Duties  of J  j5 

When  to  act  as  corporation  counsel 1 35 

Litigation,  city  has  general  powers  of .Subd    4  2 

Powers. 

To  settle  actions  or  confess  judgments  under  $1.000.44 134 

To  appoint  assistants   135 

Prohibitions  upon   .....][..[...[  I3fl 

LIBRARIES. 

Branch    libraries    Subd.   10  C-' 

Maintenance  and  expenses  of  provided  for  in  budget Subd.   10  fi2 

Traveling  libraries    Subd.   10  62 

LICENSES. 

Water  commissioner  to  obtain   irrevoc-able   license  for  right  of  entry 
on  water  lands  to  lay  and  care  for  pipes,  etc SuM.  4  216 

LIFE. 

Enforcement  of  laws  re  preservation  of 158 

LOC.\I.  BOARDS. 

Acquisition  of  title  to  land  for  parks,  streets,  sewer's.  ri,  273 

Assessment  for  local  improvement  on   property  l)enofite(i 273 

Board   of  estimate's   atithorization.   when   unnecessary 273 

Boaril   of   Im^al    improvements *. 271 

Comiwsition 271 

Jurisdict  ion 271 ,  272 

Known  as  the  "  local  board  " 271 


166 

LOCAL  BOAiRDS  — Continued.  Sec. 

Bo-ard  of   local   improvements  —  Continued. 

Powers 273,  274,  275 

\\'hen   to   consist  of  representatiA-es   from   more    than   one    local 

imi)rovement  district  272 

Borough,  each  a  local  improvement  district 271 

Borough  president,  chairman  of  local  board   271 

Bridges,  construction  of   273 

Coniphiints  to  be  heard  bj'  local  board 275 

Cost  of  improvement   273 

Councilmen  members  of  local  boards    273 

Crosswalks 273 

Digging  down  lots    273 

Disorderly  houses   275 

District   of   local    improvement 271 

Expenses  of  local  improvements  to   be  a  lien  on  property  benefited, 

and  -what  proportion    274 

Fencing  A-acant  lots    273 

rilling  sunken   lots    273 

Five  thousand  dollars  limit  of  costs  of  improvement  initiated  with- 
out authorization  of  board  of  estimate 27S 

Gambling   houses    275 

Initiation   of    local    improvements 273 

Lamps 273 

Lien   on   property  benefited 274 

Nuisances  in  streets   275 

Poor,  the  condition  of,  hearing  on  before  local  board 275 

Saloons 275 

Sewers,   construction    of    273 

Sidewalks,  improvement  of    273 

Signs,  street  273 

Streets,  improvement  of   273 

Tunnels,  construction  of   273 

UOCAiL  I^MPPvOVEMENTS,  ASSESSMENTS  FOR.     See  "Assessments  for 
Local  Improvements." 

Determination  by  board  of  estimate  of  proportion  of  cost  assessed  on 

property  deemed  benefited,   declared   final 71 

Proportion  of  cost  paid  by  city  to  be  determined  by  board  of  esti- 
mate        71 

Sums  for,  provided  for  in  budget Subd.  22     62 

LOCAL  SCHOOL  BOARDS. 

Alteration   of    school    board   districts   to   conform    with    council    dis- 
tricts      197 

Appointment,  term,  functions,  etc.,  prescribed  in  administrative  code.   197 
Two  members  of  each  board  to  be  women 197 

I/ODGING  HOUSE.     See  "Health,  Department  of." 

LUDLOW  STREET  JAIL.     See  "Corrections." 

M. 
MAGISTRATES.  CITY. 

When  to  authorize  an  autopsy 170 

When  to  hold  an  inquest 171 

J^IAPS  AND  PLANS. 

Changes  to  be  made  by  board  of  estimate Subd.  2     64 


167 

MARKETS,  PUBLIC.  8»c. 

Regulation  of,  by   healtli  (lepaitnient Subd.  12  158 

Sale  of  improiMT  articles  in  public  niaiket.s,  regulated   bv  liealtb  de- 
partment   '.  . .  Subd.   12  158 

MARSHAIvS,  CITY.     See  -Inferior  Local  Courts." 

iLAYOR. 

Absenc-e  of Subd.  3  54 

Approval  of  resolutions  relating  to  expenditures 56 

\'eto  thereof 50 

Boards,  appointment  of  members  of Subd.  1  48 

Bureau  of  examination   in  otiice  of 50 

Call  sfK'cial  meetings  of  council  to  consider  budget Subd.  5  60 

CertiHcation  of  budget  by Subd.  1  61 

City  magistrates  appointed  by Subd.  2  48 

Commissions,  members  of,  appointed  by 48 

Department,  heads  of,  appointed  by Subd.  1  48 

I>signat€  presiding  oflieer  of  board  of  building  appeal 241 

Determine  scojk?  of  investigations  l)V  bureau  of  examination 50 

Duties  of * 47,  48,  49 

Election 45 

Eligibility 44 

Justices  of  special  sessions,  appointed  by Subd.  2  48 

Member  of  Iward  of  estimate 52 

Presiding  otlicer  of   Subd.  3  64 

Number  of  votes   52 

Officers   appointed   by 48,  49 

Removal  of 23 

Salary 44 

Term' 46 

Vacancy  in  office  of 46 

Vested  with  executive  power  of  city 44 

Veto  power  of,  re  budget Subd.  5  60 

Written  approval  of  contracts  with  private  water  companies. . Subd  15  64 

Qualifications 44 

MECHANICS'  AND  TRADERS'  EXCHANGE 241 

METROPOLITAN  MUSEUM  OF  ART 202 

MUNICIPAL  CIVIL  SERVICE. 

Abolition  of   positions 2S5 

Constitutional   provisions  re   stat\is  of   public   servants,  civil   service 

law 282 

Incuml)ents  of  abolished  positions  to  bo  placed  on  reserved  list 285 

Persons  in  classified  service  not  to  be  officers  of  political  committees 

or  delegates  to  conventions Subd.  5     21 

Reinstatement,  wlien  employees  entitled  to 2S5 

Reserve  list,  what  names  to  contain 285 

Salaries  paid  only  on  certificate  of  civil  servi<'e  commission 284 

Status  of  public  servants,  changes  in,  when  made 282 

Subordinate  officers Subd.  1  283 

Sul)|Hiena    durrs    tecum    SuM.  3  28.1 

Warrants  for  payment  of  salaries,  when  to  be  drawn  or  signed 284 

Witnesses,  power  to  subpoena Subd.  3  263 

MUNICIPAL  CIVIL  SERVICE  COMMISSION 49,  282-285 

Appointment 49 

Constitution 49 

Examination  of  witnesses Subd.  3  283 


168 

MTOsIOIPAL  CIVIL  SERVICE  COMMISSION  —  Continued.  Sec. 

Examiners Subd.  1  283 

Investigations  re  enforcement,  etc.,  of  civil  service  law  in  city 

Subd.  2  283 

Jurisdiction 49 

Powers 49,  283 

All  powers  conferred  on  a  board  or  committe  by  code  of  civil 

procedure 283 

Administer  oaths  vested  in  commissioners  and  secretary .  .  Subd.  2  283 
Secretary Subd.  1  283 

MUNICIPAL  COURT.     See  "  Inferior  Local  Courts." 

N. 
NEW  YORK  BOARD  OF  FIRE  UNDERWRITERS 241 

NEW  YORK  PUBLIC  LIBRARY 292 

NORMAL  COLLEGE  OF  THE  CITY  OF  NEW  YORK. 

Continued  as  a  separate  organization  and  body  corporate 201 

NUISANCES. 

Detrimental  to  health,  etc.,  abatement  by  health  department 158 

Hearing  on  before  local  board 275 

In  tenement-house,  defined Subd.  2  249 

O. 
OBLIGATIONS.     See  also  "  Bonds." 

Issue  of  the  several  classes  of  to  be  authorized  by  board  of  esti- 
mate   Subd.   1     G4 

Redemption  of  obligations  payable  out  of  sinking  fund  and  matur- 
ing during  next  calendar  year  made  by  budgetary  appropria- 
tion   ".  .  .  .  Subd.   19     62 

OFFICERS  AND  EMPLOYEES. 

Contracts,  not  to  be  interested  in  city IS 

Contributions  to  political  funds,  when  prohibited 21 

Department  expenses   not  to  be  incurred  until  after  appropriations 

therefor 19 

Elective  officers. 

Ineligibility  of  removed  officers 24 

Removal 23 

Vacancies,  manner  of  filling 25 

Expenditures,  regulation  of,  so  as  not  to  exceed  appropriation 20 

Expenses  not  to  be  incurred  until  after  appropriation  therefor 19 

Fees  of  city  and  county  officers,  to  be  paid  to  chamberlain 26 

Forfeiture  of  office   .  .  ."^ 18 

When  permanent 17 

Legislation,  attempts  to  influence,  when  prohibited 21 

Officers  to  hold  no  other  public  office Subds.   1,  2,  3  21 

When  position  deemed  vacated Subds.  1,  2,  3  21 

Officers  and  employees  not  to  employ  private  counsel 139 

Penalty  for  violation  of  trust 17 

Prohibitions   in   regard   to 21 

Stockholders,  not  to  be,  in  corporations  contracting  with  city 18 

Trustee  of  city  property 16 

Vacation  of  office  by  nonfulfillment  of  residential  qualifications 22 

Vacation  of  office  by  officers  or  employees 21 

ORDINANCES. 

Amendment   of    36 

Application,    general     "  '      3(j 


160 

ORDINANCES  — Continued.  Sec. 

Approval   by  mayor    37 

Codification    of    39 

Compilation  ot,  annually   39 

Conditions  precedent  to  passage 36 

Continuation  of  ordinances  in  force  December  31,   1909 38 

Modification  or  rei)oal  of  ordinances  re  franchises  by  board  of  esti- 
mate  and  apportionment    38 

Passage  over  mayor's  veto 37 

Passed   by   majority   vote 30 

Power  of  council  with  respect  to •  •  34 

Revision    of    39 

Style  of    36 

When  special,  permitted   30 


ORPHAN  ASYLUMS. 
Budget  provides  for 


^uIhI.   l.T     02 

P. 
PARKS,  DEP.\R'nrENT  OF. 

American  Musouni  of  Natural  History,  contract  witii SuIkI.   1  214 

Board  of  Parks. 

Composition 208 

Duties,    mandatory 210,  211 

Head  of  department  of  parks 51 

Jurisdiction 209 

Borough   offices    213 

BnH)klyn  Institute  of  Arts  and  Sciences Subd.  3  214 

Commissioners 208 

Appointment 208 

Duties 213.  214 

.Jurisdiction 208,  213 

Offices 2'^ 

Powers 21". 

Residence 208 

Comprehensive    plan    for    development    of    parks    and    streets    under 

control  of  park  board,  to  be  formulated  by  board  of  estimate 6.'> 

Contracts    re    park   purposes Subd.  9  213 

Curb  lines  of  park  streets Subd.  3  213 

Department  buildings  in  parks Subd.   1  213 

Drinking    fountains    Subd.  4  213 

Emploveos  in  park  department Subd.  7  213 

Fire  apparatus  building  in  parks Subd.  6  213 

Gifts,  etc.,  of  real  property  for  park  purposes 211 

C.ovemiental  buildings  in  parks Subd.  1  213 

Harlem  river   improvement. 

Park  board's  jurisdiction  over,  to  cease 21- 

Improvement    of    parks     Sub.1.  2  213 

Lamps Subd.  5  213 

Landscape  architect Subd.  3  210 

Lighting Subtl.  5  213 

Metropolitan  Museum  of  .\rt,  contract  with Subd.   1  214 

New  York  Botanical  Garden Subd.  3  214 

New  York  Public  Librarv,  Astor,  I^enox  and  Tilden  foundations 

Sub<h  1  214 

New  York  Zoological  Society SuUls.  1.  3  214 

Police  assistance !^"bd.  ft  213 

Projections  on  park  streets Subd.  3  213 

Rules  and  regulations  • 210 

Seats  in  parks  and  parkways Subd.  4  213 

Secretary  to  board   Subd.  2  210 

Speedway,  control  of   -1- 


170 

PARKS,  DEPARTilENT  OF  —  Continued.  Sec. 

Subordinate  officers Subd.  2  210 

Surface  construction  of  park  streets Subd.  3  213 

Tree  planting Subd.  4  213 

Works  of  art  in  parks Subd.  4  213 

PENAL  INSTITUTIONS.    See  "  Corrections." 

PENALTIES. 

Waste  of  water  Subd.  7  216 

Violation  of  trust    17 

PENSION  FUNDS. 

Continued 104 

PENSIONS. 

Budget  provides  for  pension  fund Subd.  15     62 

Detailed  estimate  of  receipts  from  all  sources  of  pension  funds  re- 
quired   Subd.  15     62 

PERMANENT  IMPROVEMENTS. 

Corporate  stock  Issued  to  pay  cost  of Subd.  5     86 

PERMIT. 

Necessary  to  other   institutional  care   for   patients  with  contagious 

diseases 163 

Removal  of  wires  and  electrical  conductors  underground  by  board 

of  estimate    Subd.  18     64 

To  open  streets 231 

PESTILENCE.     See  "  Health,  Department  of." 

PLAYGROUNDS. 

Established  and  maintained  by  department  of  education Subd.  7   192 

Sites  for,  chosen  by  board  of  estimate Subd.  12     64 

POLICE  DEPARTMENT. 
Bureaus. 

Detective  bureau 145 

Branch  office  at  headquarters  in  Brooklyn 145 

Main  office  at  headquarters  in  Manhattan 145 

Stolen  property  bureau   145 

Co-operation  with  other  departments 150 

Commissioner. 

Appointment 140 

Charges  against,  where  filed 140 

•    Eligibility 140 

General  powers,  enumerated    146 

Head  of  police  department 51 

Member  of  health  board 51 

Powers. 

To  appoint  and  remove  four  deputies 141 

To  appoint  and  remove  a  trial  deputy 142 

Removal  of 140 

Responsibility  for  administration  of  department 143 

Rules  necessary  for   discipline  of   force  and  the  exercise   of   all 

his  powers 143 

Term 140 

Contingent  fund    147 

Not  to  exceed  $10,000  at  any  one  time 147 

Original  vouchers  for  disbursements  for  contingent  expenses 147 

Requisition  for,  to  be  approved  by  mayor 147 


171 

POLICE  DEPARTMENT  — Continued. 

Deputy  police  commiBsiuner.s.  Set. 

Duties 141 

Limitation  of  power 141 

Qualifications 141 

When  to  act  as  police  commissioner 141 

Police  force. 

Absence  without  leave   152 

Continued    as    existing    144 

Criminal  process,  by  whom  served 149 

Duties  as  peace  officers  enumerated 148 

Fines 152 

Forfeitures 152 

Members  of  not  liable  to  military  or  jury  duty,  arrest  on  civil 

process  or  service  of  civil  subpoenas 151 

Notice  of  charges  to  be  given 153 

Penalties 152 

Penalties  for  failure  of  duty  due  to  enumerated  causes 153 

Penalty  for  conviction  of  criminal  offense 152 

Power  to  arrest  without  warrant 149 

Powers  as  constables 1 49 

Resignation   from,   only   by  commissioner's    permission 152 

Superintendents  of   police 144 

Chief  executive   officer 144 

Manner  of  selection 144 

Suspension    of    members    pending    trial l.SS 

Trial  rules,  to  be  appro^-e<i  by  appellate  di\nsion 153 

Trials,  how  conducted 153 

Pla«e  of   153 

Review  of   1 54 

Removal  of  insane  members  by  commissioner 15.5 

Retirement,  age  of  members  on 155 

Re\new  of  determinations  by  trial  deputy  commissioner 15? 

Trial  deputy  commissioner 142,  153,  154 

An  attomey-at-law. 
Other   qualifications. 
Duties. 

To   examine,    try    and    decide   charges    again^^t    members    of 
police  force. 

POLICE  STATIONS. 

Assignment    of    for    detention    of    prisoners,    bv    board    of    estimate 

Subd.   11     r.4 

POOR  PERSON. 

Defined 254 

PORT  OF  NEW  YORK.     See  "  Definitions." 

PRESIDENT  OF  COUNCIL. 

Member  of  board  of  estimate  and  apportionment 52 

Number   of   votes 52 

When  to  act  as  mayor Subd.  3  54 

PPJSONS.     See  "Corrections." 

PROPERTY'  OF  CITY. 

Acqtiisition  of  real   property   needed   for  any  city  purpose,   by  lease 

or  purchase Subd.  16  64 

A<5signment  to  uses  other  than  those   for  which  acquired.  ..  .Subd.  3  64 

Bnaril  of  estimate  to  assign,  to  other  public  tises Subd.  3  64 

Boundary   lines,   settlement   of  by   board   of  estimate Stihd.  5  64 

Cestui   que  trust,  every  taxpayer   to  be  a 16 


172 

PROPERTY  OF  CITY  —  Continued.                                                                   Sec. 
Conditions  on  which  leases  or  grants  may  be  made  by  board  of  esti- 
mate   Subd.  9  64 

Disputes  about  boundary  lines Subd.  5  64 

Easements,  granting  of Subd.  9  64 

Exchanges  of  real  property  by  board  of  estimate Subd.  4  64 

Ferries,  not  to  be  sold  at  auction Soibd.  7  64 

Ferries,   parks   and  water  front   property   not   to  be   sold   at  public 

auction   Subd.  7  64 

Leases  of  city  and  county  property  to  be  negotiated  by  board  of  esti- 
mate   Subds.  8,  9  64 

Except   of    parks,    streets,    ferries    and    water    front    property. 

Subd.  8  64 

Renewals   Subd.  8  64 

Rentals  payable  to  credit  of  sinking  fund  for  redemption  of  city 

debt  after  deduction  of  necessary  charges Subd.  8  64 

Exceptions ' Subd.  8  64 

Term 64 

Leases  of  lands  outside  the  city  for  sanitary  protection  of  water  sup- 
ply   to    be   negotiated    bv   board   of   estimate   and    apportionment. 

Subd.  9  64 

Trustees   of   16 

PROTECTORIES. 

Budget  provides  for Subd.  13     62 

PUBLIC  HEALTH  LAW. 

Enforcement  in  city 158 

PUBLIC   SERVICE    COMMISSION. 

Budget  provides  for  expense  of  administration Subd.   11     62 

Powers  and  jurisdiction  of,  in  first  district   unaffected  by   this   act. 

Subd.  5  234 

Q. 

QUARANTINE  COMMISSIONER. 

Powers  unaifected  by  this  act 157 

R. 

RAILROADS  ON  BRIDGES,  OPERATION  OF Subd.  5  234 

RAPID  TRANSIT  ACT,  TUNNELS  BUILT  PURSUANT  TO...  Subd.  3  234 

REAL  ESTATE  OWNERS  AND  BUILDERS'  ASSOCIATION 241 

REFORMATORIES. 

Budget  provides  for Subd.  13     62 

REMOVAL. 

Of  elective  officers   23 

RENTING. 

Board    of   estimate    to    rent    real   estate   or   buildings    for   citv    and 

county  uses Subd.  10     64 

Including  armories,  drill  rooms,  etc Subd.  10     64 

RESERVOIRS. 

Subject  to  sanitary  regulations  of  state  board  of  health 220 

HIKER'S  ISLAND.     See  "Corrections." 

RIPARIAN  PROPRIETORS. 

Rights  of    10 


173 

8. 
SALARIES.                                                                                                                    Sec. 
Additional   coinpeiisatioa    Ix'vond  compensation   fixed   in   budfjvt   for- 
bidden   ' Subd.  4  511 

Ap[>ointive  otlicer.-*  or  employees   (other  than  day  laborers  whose  jhj- 

sitions  are  not  abolished  by  this  act),  salaries  continued.  .  .Subd.  2  50 

City  court  judj^es,   provision   in  budget .Subd.  7  C2 

City  magistrates,   provision   in  budget Subd.  7  62 

City  oflicers  and  employees,  provision  in  budget Subd.   I  62 

County  judges,  provision  in  budget Subd.  6  62 

County  oflicers  and  employees,  provision  in  budget Subd.  4  62 

Extra  compensation  not  to  be  granted Subd.  3  59 

Increases  during  budgetary  year  forbidden SuM.  4  59 

Judges  of  general  sessions,  provision  in  budget Subd.  0  62 

Justices  of  supreme  court,  provision  in  budget Subd.  6  62 

From  otlier  than  first  and  second  judicial  districts  holding  court 

within  city   Subd.  5  62 

Municipal  court  justices,  provision  in  budget Subd.  7  62 

Salaries  fixed  by  board  of  estimate Subd.   1  59 

S|)ecial  sessions  judges,  provision  in  budget Subd.  7  62 

Surrogates,  provision  in  budget   Subd.  6  62 

Uniformity   in  salaries   for   like   |)Ositions   required   throughout   each 

borough',  but  not  throughout  city Subd.  5  59 

SANITARY  CODE.     See  "  Health  Department.' 

SEWAGE  DISPOSAL  WORKS. 

Power  to  construct   and   operate 2.'^2 

Collection  of  cost,  how  prescrilxsd 2.'{2 

Cost  of   maintaining    232 

SEWERb. 

Acquisition  of  title  to  land  for .273 

SCHOOL  FAHiMS. 

Sites  for,  chosen  by  board  of  estimate Subd.   12     (U 

SEAL. 

Common    seal Subd.  3  2 

Departments  to  use  common  seal  with  department  title  inserted....  14 

Judicial  notice  to  be  taken  of  city  seals 14 

SIGNS. 

Designating  names  of  streets    2.  ;t 

SINKING    FUNDS. 

Accounts  of  several  sinking  funds  to  be  kept  separate .      j^4 

Administered  as   independent   trusts "4 

"  Board."  to  mean     Ijoard  of  estimate  and  apportionment,  acting  as 

commissioners  of  the  sinking  fund 74 

Duties ; '* 

Board   oi   commissioners   of   sinking   fund,   as  heretofore  constituted. 

abolished '  ^ 

Board  of  estimate  and  apportionment  vested  with  jwwers  and  duties 

heretofore  devolved  upon  lK>ard  of  connnissioners  of  sinking  fund.     74 
Bonds   and   stocks   secured   by   sinking   fund   for  redemption   of  city 

debt,  a  preferred  charge  thereon SO 

City  debt. 

*  How  determined    ^^ 

PaNTuent  of  principal  of '  '• 

Quarterly    statement    of     debt     limit     publislieii    by    board     of 
estimate '  - 


174 


SINKING   FUNDS  —  Continued.  Sec. 

City   debt  —  Continued. 

Redemption  of 76 

Refunding  and  retirement  of Subd.  5(6)      86 

Commissioners  of  sinking  fund,  power  to  apply  revenues  of  sinking 

fund  for  redemption  of  city  debt 80 

Consolidated  stock  a  lien  on  sinking  fund  for  redemption  of  city  debt.     81 
Deficiency  in  revenues  of  any  sinking  fund  for  payment  of  interest 

on  stocK  redeemable  therefrom  to  be  included  in  budget 82 

Enumeration  of  funds   75 

Payment   of    interest Subd.  2     75 

Payment  of  principal  of  city  debt 76 

Redemption  of  the  city  debt Subd.  1     75 

'  Redemption  of  the  city  debt  of  the  city  of  Brooklyn Subd.  4     75 

Redemption    of   the   corporate   stock   of   the   city   of   New   York 

other  than  for  water  purposes Subd.  9     75 

Redemption  of  fire  bonds  of  Long  Island  City Subd.  8     75 

1  Redemption  of  revenue  bonds  erf  Long  Island  City Subd.  6     75 

Redemption  of  water  bonds  of  Long  Island  City Subd.  7     75 

Special  sinking  funds  hereafter  created  for  redemption  of  corpo- 
rate  stock   for  rapid  transit Subd.   12     75 

Special  sinking  fund  lieretofore  created  for  redemption  of  co.i-ix)- 

rate  stock  for  ra.pid   transit Subd.  11     75 

Water  sinking  fund  of  the  city  of  XeAV  York Suibd.  10     75 

Wat^r  sinking  fund  of  the  city  of  Brooklyn Subd.  5     75 

Redemption  of  city  obligations,  except  revenue  bonds,  special  i-evenue 

bonds,  and  assessment  bonds   83 

Redemption  of  city  debt,  sinking  fund  for. 

PrefeiTed  charge  thereon 80 

Consolidated   stock,  bonded  debt   due  and  not  exchanged  for  or 

redeemed  from  proceeds  of,  may  be  paid  out  of 81 

Security  for  payment  of  corporate  'bonds  and  stock  not  to  be  lessened 

or  impaired 80 

Sinking  Fund  of  The  City  of  New  York. 

Purpose  of 76 

Sources  of 77,     78 

Sinking  fund  for  the  pajinent  of  interest 78 

Payments  of  interest  from,  what  unauthorized 78 

When  to  be  transferred  to  sinking  fund   for   the  redemption  of 

the  city  debt 78 

Sinking  funds  in  general. 

Contract  declared  between  city  and  its  creditors 79 

Exemption  of  places  of  public  worship  from  taxation ....  Subd.  2     79 
General  fund  to  receive  revenues  not  otherwise  specifically  appro- 
priated  .'Subd.  2     79 

Except   proceeds  of  insurance   policies   aipplied  to   repair  or 
reconstruction  of   property  damaged  and  covered  by  such 

insurance Subd.  2     79 

Reductions  not  to  be  made  in  rates  affecting  sources  of  revenue 

of  any  sinking  fund Subd.  2     79 

Revenues  of  corporations  consolidated  with  New  York  City  to  be 
applied  only  to  purposes  of  the  several  sinking  funds.  ." 79 

SOCIETY  OF  ARCHITECTURAL  IRON  MANUFACTURERS 241 

SPECIAL  SESSIONS.     See  "  Criminal  Courts." 

STATE   BOARD  OF  HEALTH. 

May  prescribe   sanitary  regulations  for  reservoirs 220 

STATE  TAXES. 

Quota  imiposed  on  city  and  counties  therein,  budget  provides  for.  .  .  . 

Subd.   14     62 


STATE  WATf:R  SUPPLY  COMMISSION.  Sec. 

Powers   and  juri.*diction  of,   unaffecteil   l»y  tliis   act..  ...    221 

STATISTICS.  VITAL. 

Coniimuiioation  of,  to  stulc  or  iiiiinici|ial  licaltli  autlioritii-s.  .SuM.  8   Li** 

Compilation  of Subd.  9  158 

Requisition    of   prescribed   vital    statistics    from    jtublic    institutions. 

SiiW.   10  159 

STOCK,  CORPORATE.     See  "  Bonds." 

STREET  CONTROL.   DEPARTMENT  OP^ 224-233 

Asses.*ments  on  prof)erty  Ix'nefited  for  cost  of  conducting  sewaf^e  dis- 
posal works 232 

Bridges  crossinj,'  uavi;r.il'lc  .stn-ams SulxL  19  224 

Sub<L  2  234 
Bureaus. 

Street   cleaning Subd.   1  22S 

Oas   and   electricity    SuM.  4  228 

ITiphways ." Sulxl.  2  228 

Tncunibrancos .Sulxl.  (i  22S 

Public  buildings .  .SuUl.  5  228 

Se^vers .  Subd.  3  228 

Chiefs    of. 

Ga-s   and   electricitv  bureau    .  .Sulxl.  4  228 

Iliglnvay  bureau.  *. Subd.  2  228 

Incumbrances  luireau .  .  .Sulxl.  0  228 

Sewers  bureau Subd.  3  228 

Street  cleaning  bureau    Subd.   1  22S 

Cleaning   streets    under   j)ark    and    dock    departments,   and   removing 

snow,  ashes,  etc.,  tiierefroni 22."> 

Commissioner    of. 

Jurisdiction SuImI*.   1-1  !t  'J-.i4 

Exceptions 225 

Water    front    projierty    under    control   of    dock    depart- 
ment   22  J 

Streets   under   control  of  park  department 225 

Prohibitions   upon    jKtwers    226 

Not  to  jiermit  opening  of  streets  except  by  certain  persons.  .  22<» 

Contract   for  disposition   of  garbage,  etc 230 

Custmlian  of  public  buildings    Subd.  5  22S 

Department  of   street   cleaning  alK)lished 227 

Employees  exempt  from  miiit-arj-  and    jury  duty 229 

Exemption  of  street  cleaning  employ*^-*  fmm  military  ami  jury  duty.  229 
Jfembers    of    street   cleaning    department    transferreti    to    department 

of  street  control   227 

Pavements   not    to    be    disturbed    without    pi'rmission    frum   commis- 
sioner   231 

Permits  to  open   street.s,  to  be  grante<l  liy  commissioner 231 

Sewage   disjx>s;\l   works. 

Colleition  of  cost,   how  prescribed 232 

Cost  of  maintaining    ...  232 

Power  to  construct  and  operate ...  232 

STREETS. 

Board  of  estimate  to  formulate  comprehensive  plan  for  improvement 

of  streets  and  parks  under  control  of  park  Ixiard 65 

Changes  in.  to  be  made  by  board  of  estimate Subd.  2  64 

Improvement  of 273 

Street  imjirovement  fund,  what  to  consist  of 95 

Street  improvement  fund   assessment   bonds Subd.  2  92 

Payable  from   street   improvement  fund Subd.  5  95 

Proceeds  of  sale  of,  payable  into  str»vt  improvement  fund. Sulxl.   1  9"> 


176 

STREETS  —  Continued.  Sec. 

Street  and  park  opening  assessment  bonds Subd.  1     92 

Issued  by  comptroller  on  authorization  of  board  of  estimate  to 

pay  fees  and  expenses  in  awards  of  damages Subd.  2     94 

Payable  when  due  from   fund  for   street  and   park  openings  or 

by  corporate  stock   Subd.  1     94 

Proceeds  payable   into   fund   for   street   and   park   ojienings .... 

Subd.  3     93 
SUPPLIES. 

Standard   of   supplies   used  by   any   department,   etc.,   prescribed    by 
board  of  estimate   68 

TAXES. 

Assessed  valuations  of  bank  stock 126 

Budget  provides  for  quota  of  state  taxes  imposed  on  cities  and  coun- 
ties therein Subd.  14     62 

Taxes   deemed   uncollectible   when   unprovided   for   in   prior   tax 

levies  or  by  issue  of  corporate  stock Subd.  16     62 

Duties  of  council  re  levy  of 41 

Interest,  when  to  run   .". 129 

Taxation  for  payment  of  debts  to  extend  equally  throughout  citv .  . 

Subd.  3       4 

Limitation   of   this   provision    Subd.  3       4 

Tax  roll. 

Authentication  of 127 

Clear   copy  of  corrected  assessment-roll 127 

Delivery  to  receiver  of  taxes  and  revenues 127 

Warrant  for  collection  of  taxes 127 

Taxable  status,  when  fixed 128 

When  due 129 

When  a  lien   129 

TAX  DEPARTMENT. 

Board    of    taxation    51 

Composition   115 

Qualifications   of  members    115 

Certification  to  council  of  assessed  valuations 126 

Deputy   tax   commissioners    116 

Appointment  of 116 

Apportionment  of  116 

Qualifications  for 116 

Duties 117,  126,  127 

Powers 118,  124,  125 

TAXPAYERS'   ACTIONS. 

Appellate  Division  in  first  or  second  department  may  renew  proceed- 
ings re  w^ter  contracts  on  application  of  resident  taxpayers 

Subdt  15     64 

TENEIVIENT-HOUSE  ACT. 

Enforcement  within  the  city 243 

Manner  of  serving  order  to  abate  nuisance 248 

Manner  of  serving  order  to  vacate 247 

Violations  of Subd.  2  245 

TENEMENT-HOUSES. 

Construction,  inspection  during  course  of Subd.  2  245 

Defective  houses 247 

^fi?ed ".'...'.'..  Subd.' i  249 

Equipment   with   fire-escapes Subd.  3  243 

Infected  houses \  .   247 


I 


177 

TENEMENT-HOUSES  —  Continued.  Sec. 

Inspection   of SuW.  2  243 

Subd.  2  245 

Light  and   ventilation   of    Subd.  3  243 

Obstruction   of   tire-escapcs Subd.  3  243 

Order    to  abate   nuisances    248 

Order  to  vacate   247 

Plans Subd.   1  24.5 

Regulations,  re  filing  of Sulxl.  .5  244 

Fire  protection Subd.   1  245 

Light,    sanitary   ventilation    and   equipment Subd.  1  245 

Powers  of  health  department  re  tenements  not  im[)aired  by  this  act.  ,   243 

Vacation  of 247 

When  a  nuisance   248 

TENEMENT-IIOITSE    DEPARTMMNT. 

Branches   in  boroughs   246 

Bureaus,   duties  of    Subds.  1-3  245 

May  be  authorized  by  the  board  of  estimate  and  apportionment.  .   245 
Bureaus,    additionaJ. 

Inspection Subd.  2  245 

Plans Subd.   1   245 

Records Subd.  3  245 

Commissioner,  head  of  department 51 

Jurisdiction Subd.  3  243 

Duties Subds.   1-5  244 

Compilation  of  facts  re  conditions  of  tenement  dwellers Subd.  4  244 

Complaint  book,  open  to  public Sulxi.  2  244 

Discipline   of  employees    Subd.  1   244 

Investigation  of  complaints   Sulxl.  4  244 

Nuisance,  defined Subd.  2  249 

Order  to  abate  nuisance    248 

Execution  of 248 

Manner  of  service  24S 

Time   of   service    248 

Order  to  vacate  unsanitary  or  dangerous  tenement-hoiuses 247 

Extension  of  time  for  compliance 247 

How  served 247 

Powers  re  tenements  not  impaired  by  this  act Sulxl.  2  243 

Rules  and   regulations   as   to  filing  plans,  amendments   and   applica- 
tions  SuW.  5  244 

Statistics  re  conditions  of  tenement  dwellers Subd.  4  244 

Uniforms,   badges,  etc.,   of   inspectors Subd.  2  244 

TOLLS.      See   "  Bridge  Department  " Sulxl.  4  2.34 

TUNNELS.     See  "  Bridge  Department." 

Built  under   Rapid   Transit  Act Subd.  3  2.34 

Construction   and   maintenance    Subd.   10  224 

Subd.  3  234 

>ranagement,    repair    and   alteration    of Subd.  3  2.34 

\Vhen  initiated  by  local  boards 273 

TRUSTEES.     See   "Property   of   City." 

U. 

UNCOLLECTIBLE  TAXES.     See   "  Taxe^ " "^iiIhI.   1G     r,2 

UNDERTAKINGS. 

Approved  by  board  of  estimate    69 

Filed    with  "city   clerk    68 

Mav  l)e  required  bv  board  of  estimate  of  all  officers  and  employees.  69 


178 


VAGRANTS.     See   "Charities." 

VESSELS.  Sec. 

Bills   of   health   to   masters Siibd.   1   159 

Eemoval  of  infected Subd.  8   159 

VOTERS. 

Registration,  expense  of.  provided  for  in  budget. Subd.  3     62 

Registrv.   expense   of   compilation   and   publication    of,    provided   for 
in   biidget Subd.  3     62 

W. 

WATER. 

Grants  of  lands  under,  confirmed    9 

Future  grants  of  land  vuider   10 

WATER  SUPPLY. 

Approval    of  board  of   estimate   and   apportionment,   ^vhen  necessarv. 

Subd.  3  218 

Contracts   with   private   water   companies Subd.   15     64 

Manner  and  form  of   Subd.  15     64 

Proceedings    re,    renewable    by   Appellate    Division    on    resident 

taxjjayer's   application .Subd.  15     64 

Extinguishment  of  water  rights  of  persons  in  lands  needed  for  sani- 
tary protection  on  water  supply    Subd.   13     64 

^Meters   for  water,  where  placed,  determined   bv  board  of  estimate.. 

Subd.  16     64 

Xcw  works Subd.  3  218 

Penalties  for  waste  of  water Subd.  7  216 

Preservation  of  sources  of Subd.   1  218 

Reservoirs,   protection    of   Subd.   13     64 

Eight  of  entry  on  water  or  land  contiguous  to  department  lands  or 

conduits Subd.  6  216 

Rights  to  erect  water  works  and  maintain  them  on  lands  of  others. 

to  be  acquired  by  board  of  estimate Subd.   13     64 

Sanitary  protection  of. 

Soard  of  estimate  mav  lease  lands  or  interests  in  lands  acquired 

for ' Subd.  9     64 

Such  grants  or  leases  to  be  for  purposes  consistent  with.  .Subd.  9     64 
Sources  of,  to  be  selected  and  acquired  by  board  of  estimate. Subd.  13     64 

Surveys,  right  of  entry  on  lands  for  purposes  of Subd.  6  216 

Municipalities,  contracts  with  other    Subd.  3  216 

Use  of  soil  under  streets  of  state  for  introduction  of  water 

Subd.  5  216 
WATER   SUPPLY.   BO.Yl^D  OF. 

Budget  provides  for  expense  of  administration Subd.   11     62 

Powers,  unaffected  by  this  act 223 

WATER   SUPPLY,  DEPARTMENT   OF. 

Aqueduct   commissioner,   office   of,   abolished 222 

Board  of  estimate  and  apportionment's  approval  of  construction,  of 

new   works,   etc Subd.  3  218 

Subd.  7  216 
Board  of  estimate  and  apportionment  may  prescribe  manner  of  col- 
lecting cost  of  conducting  sewage  disposal  works 232 

Cost  of  conducting  sewage  disposal  plant,  how  collected 232 

Commissioner,   duties   and   powers 215 

Duties. 

Constructing   new  works    • Subd.  3  218 

Laying  mains,  etc Subd.  3  218 

Preserving  sources   of   water   supply Subd.  1  218 

Presenting  water  supply  plants  and  property Subd.  2  218 


179 

WATER  SUPPLY,  DEPART>fEXT  OF  —  Continued. 

Jurisdiction.  Sbc. 

Maintiiining  quality  and  quantity  of  wat«r Subd.  2  215 

Regulating   use  of   water    Subd.  3  215 

Structures  and  proj^jerty  for  supply  of  water Subd.   I  215 

Consulting  commissioner. 

Constructing  sewers  and  drains,  inclusive  of  power  to  maintain 

sewage  disposal  plant 232 

Controversy   re   rates,   settlement  of Subd.  2  216 

Employment   of   consulting  engineer 233 

Examining  sources  of  water  supply Subd.  1  216 

Has  all   powers  of  commissioner  of  water  supply,  gas  and  elec- 
tricity concerning  water   223 

Exceptions 223 

Limitation  ujK)n  possible  rwloictions  by  commissioner.  .  .Sulxl.  2  216 

MunicipaJities,   contracts  with  other Sub<l.  3  216 

Powers  enumerated Subd-s.  .'>,  G,  7  216 

Regulating  private  companies'  supply  of  water Sub<ls.  1,  2  216 

Regulating  rates  and  charges  made  therefor Subd.  2  216 

Surveys,  riglit  of  entry  on  lands  for  purposes  of Subd.  0  216 

Vested  witli  porwers,  etc.,  of  aqueduct  commissioners 222 

Qualifications 233 

To  be  expert  in  matters  re  sewers  and  highways 2.13 

Contracts : 

Agreement  with  owners  of  water  lands  re  permission  to  enter.. 

Subd.  4  216 

Appro\"al  by  board  of  estimate  and  apportionment SuW.  7  216 

With  municipal  corporations  or  boards,  for  water  supply .   Subd.  ^  216 

With  private  companies  supplving  water Subd.   1.")     64 

217 

Engineers   appointed   by  street  commissioner 233 

Qualifications.  .  .  * 233 

New  works SuM.  3  218 

Penalties    for  waste  of  water Subd.  7  216 

Powers  of  department  of  water  supply,  gas  and  electricity  re  water 

supplv   continued   in   water  commissioner    223 

UnafTected  by   this  act    223 

Private  water  companies. 

Power  of  commissioner  to  contract  with    Subd.  15     64 

217 

Rates,  how  determined   Subd.  2  216 

Subject  to  approval  of  the  boara  of  estimate SuM.  7  216 

Supervision  of  purity  and  quantity Subd.   1   216 

Records   of   aqueduct   commissioners   to   be   delivered   to   water   com- 
missioner      222 

Reservoirs  subject  to  sanitary  regulations  of  state  board  of  health.   220 

Responsibility   of.    descril>ed    219 

Sanitary  supervision  and  protection  of.  by  health  department 158 

State  commissioner,   powers  and  jurisdiction   of.   imaflTected  by  this 

act 221 

Supervision  of  purity  and  quantity  by  commissioner Subd.   1  216 

Water  commissioner  head  of  department   of  water  supply 51 

To  obtain   irrevocable  licen.so  for  right   of  entry  on  water  lands 

to  lay  and  care  for  pipes,  etc Subd.  4  216 

Wat*r  works,  preservation  of   Subd.  2  218 

wo:mex. 

Appointment   to   local  school   boanls  bv   l)oard   of  e<lucation.  manda- 
tory     : 197 


J.   B.   LYON   COMr.\NY.   .STATK   rBlNTlR.><.    Ain.\NY.    N.    Y. 


YD  08519 


